Partition Actions in El Segundo
El Segundo is a city located in Los Angeles County, California. It is situated in the South Bay region of the Greater Los Angeles Area, just south of Los Angeles International Airport. El Segundo is known for its aerospace and defense industry, as well as its beachfront location. The city is home to several major corporations, including Boeing, Raytheon, Northrop Grumman, and Mattel. El Segundo is also home to a variety of restaurants, shops, and entertainment venues. The city is known for its laid-back atmosphere and its proximity to the beach.
According to Zillow, the median home value in El Segundo, California is $1,072,400 as of 2021. As of the 2020 United States Census, the population of El Segundo, California was 16,654.
Experienced Real Estate Partition Action Attorneys Serving El Segundo
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 will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- 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.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
Ghee v. Pleasant – Partition Action Case Study
In the legal case of Ghee v. Pleasant, 2015 WL 1641200, B253714 (13-Apr-2015) , the issue of partition was at the center of the dispute. The plaintiff, Ghee, owned a parcel of land that was subject to a deed of trust. The deed of trust provided that the land could be partitioned into two separate parcels, with one parcel owned by Ghee and the other owned by Pleasant. Ghee sought to partition the land, but Pleasant objected, arguing that the deed of trust did not provide for partition. The court ultimately held that the deed of trust did provide for partition, and ordered the parties to proceed with the partition. The court also held that the partition should be done in a manner that would be fair and equitable to both parties.
Contact our Team of Experienced Partition Lawyers Serving the City of El Segundo 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 (310) 496-3300 or contact us online for a free consultation about your co-ownership issues.