Partition Actions in El Monte
El Monte is a city located in the San Gabriel Valley of Los Angeles County, California. It is situated between the San Gabriel and Rio Hondo Rivers, and is approximately 12 miles east of downtown Los Angeles. El Monte is known for its diverse population, with a large Latino population, as well as a large Asian population. The city is home to a variety of businesses, including manufacturing, retail, and service industries. El Monte is also home to several parks, including the El Monte Community Park, which features a lake, picnic areas, and a playground. The city is also home to the El Monte Historical Museum, which showcases the city’s history and culture.
According to Zillow, the median home value in El Monte, California is $521,400 as of 2021. As of the 2020 United States Census, the population of El Monte, California is estimated to be 121,845.
Experienced Real Estate Partition Action Attorneys Serving El Monte
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
Forderer v. Schmidt – Partition Action Case Study
In the legal case of Forderer v. Schmidt, 146 F. 480 (1906), the issue was whether a partition of real estate was valid. The plaintiff, Forderer, had purchased a tract of land from Schmidt, who had previously purchased it from a third party. Forderer then sought to partition the land into two separate parcels, one for himself and one for Schmidt. The court held that the partition was invalid because Schmidt had not consented to it. The court reasoned that since Schmidt had not agreed to the partition, he was still the owner of the entire tract of land and could not be divested of his ownership rights without his consent. The court also noted that the partition would have been valid if Schmidt had consented to it.
Contact our Team of Experienced Partition Lawyers Serving the City of El Monte in the County of Los Angeles, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (626) 777-3300 or contact us online for a free consultation about your co-ownership issues.