Partition Actions in Hawaiian Gardens
Hawaiian Gardens is a city located in Los Angeles County, California. It is situated in the Gateway Cities region of southeastern Los Angeles County, near Long Beach. The population was 14,254 at the 2010 census, down from 14,779 at the 2000 census. The city was incorporated on April 9, 1964. Hawaiian Gardens is the smallest city in Los Angeles County by land area. It is also the second-smallest by population, after Vernon. The city is served by the ABC Unified School District. Hawaiian Gardens is home to the largest casino in the state of California, The Gardens Casino. The casino is home to a variety of card games, including poker, blackjack, and baccarat. The city also has a variety of parks, including the Hawaiian Gardens Community Park, which features a playground, basketball court, and picnic area.
According to Zillow, the median home value in Hawaiian Gardens, Los Angeles County, California is $521,400 as of 2021. As of the 2020 United States Census, the population of Hawaiian Gardens, California was 14,254.
Experienced Real Estate Partition Action Attorneys Serving Hawaiian Gardens
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:
- 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.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- 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.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
Ankenbrandt v. Shannahan – Partition Action Case Study
In the legal case of Ankenbrandt v. Shannahan, 2009 WL 850152, D052576 (1-Apr-2009) , the partition issue at hand was whether the trial court had the authority to order a partition of the property in question. The plaintiff, Ankenbrandt, argued that the trial court had the authority to order a partition of the property, while the defendant, Shannahan, argued that the trial court did not have the authority to order a partition of the property. The court ultimately ruled in favor of Ankenbrandt, finding that the trial court did have the authority to order a partition of the property. The court reasoned that the partition statute was broad enough to encompass the facts of the case and that the trial court had the authority to order a partition of the property.
Contact our Team of Experienced Partition Lawyers Serving the City of Hawaiian Gardens 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 (562) 600-3300 or contact us online for a free consultation about your co-ownership issues.