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Irwindale Partition Lawyer

Partition Actions in Irwindale

Irwindale is a small city located in the San Gabriel Valley of Los Angeles County, California. It is situated about 20 miles east of downtown Los Angeles and is home to a population of just over 1,400 people. The city is known for its industrial and commercial businesses, including the Irwindale Speedway, which hosts NASCAR and other racing events. The city is also home to the Irwindale Event Center, which hosts concerts, festivals, and other events. Irwindale is a great place to live, work, and play, with its close proximity to Los Angeles and its many attractions.

According to Zillow, the median home value in Irwindale, California is $521,400. As of the 2020 census, the population of Irwindale, California is 1,422.

Experienced Real Estate Partition Action Attorneys Serving Irwindale

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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
  • What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
  • What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
  • 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.
  • 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.

Speak to Our Irwindale Partition Attorneys Today

Call our Los Angeles County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (626) 777-3300 or contact us below to schedule a free, 15-minute consultation

    Wagner v. Wagner – Partition Action Case Study

    In the legal case of Wagner v. Wagner, 2010 WL 1367381, G040772 (7-Apr-2010) , the partition issues revolved around the division of a family-owned property. The property was owned by the Wagner family, and the dispute was between two siblings, Robert and Mary Wagner. Robert wanted to partition the property, while Mary wanted to keep it intact. The court ultimately ruled in favor of Robert, ordering the property to be partitioned. The court also ordered that Mary be compensated for her share of the property, and that Robert be responsible for paying the costs associated with the partition. The court also ordered that the partition be done in a manner that would not cause any harm to the property or to the other siblings.

    Contact our Team of Experienced Partition Lawyers Serving the City of Irwindale, County of Los Angeles, California

    Our Irwindale partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (626) 777-3300 or contact us online today.

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