Experienced Partition Attorneys Serving Glendale
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the 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.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- 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.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
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Partition Actions in Glendale
Partitions are quite common in Glendale. According to Zillow, the median home value in Glendale, California is $735,000 as of 2021. As of 2020, the population of the California area of Glendale is 203,717.
Glendale is a city located in Los Angeles County, California. It is situated in the San Fernando Valley, just 8 miles north of downtown Los Angeles. Glendale is known for its diverse population, vibrant culture, and beautiful scenery. The city is home to a variety of attractions, including the Glendale Galleria, the Americana at Brand, and the Alex Theatre. Glendale is also home to a number of parks, including the Verdugo Mountains Regional Park, the Glendale Sports Complex, and the Glendale Narrows Riverwalk. The city is also home to a number of museums, including the Museum of Neon Art, the Museum of the American West, and the Museum of Neon Art. Glendale is a great place to live, work, and play.
Chalta v. Biller – Partition Action Case Study
In the legal case of Chalta v. Biller, 212 Cal. 745 (1931), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a piece of real property that had been inherited from their father. The siblings had agreed to divide the property into two equal parts, but the defendant argued that the plaintiff had not followed the agreement and had instead taken more than her share of the property. The court ultimately ruled in favor of the plaintiff, finding that the defendant had failed to prove that the plaintiff had taken more than her share of the property. The court also noted that the defendant had failed to provide any evidence that the plaintiff had acted in bad faith or had acted in a manner that was contrary to the agreement.
Contact our Team of Experienced Partition Lawyers Serving the City of Glendale 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 (818) 900-7700 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Glendale, California serve Los Angeles County and surrounding areas including Pasadena, Burbank, Eagle Rock, La Crescenta, Montrose, Atwater Village, Silver Lake, Los Feliz.