Partition Actions in La Mirada
La Mirada is a city located in Los Angeles County, California. La Mirada is known for its beautiful parks, golf courses, and recreational facilities. The city is home to Biola University, a private Christian university, and the La Mirada Theatre for the Performing Arts. La Mirada is also home to the La Mirada Regional Aquatics Center, which is the largest public swimming pool in the state of California. The city is served by the Norwalk-La Mirada Unified School District, which includes several elementary, middle, and high schools. La Mirada is a great place to live, work, and play, and is a great place to raise a family.
According to Zillow, the median home value in La Mirada, California is $619,400 as of 2021. As of the 2020 United States Census, the population of La Mirada, California was 48,527.
Experienced Real Estate Partition Action Attorneys Serving La Mirada
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:
- 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.
- 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.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- 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.
- 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.
Parker v. Owen – Partition Action Case Study
In the legal case of Parker v. Owen, 96 Cal.App.2d 78 (1950), the issue was whether a partition of real property was valid. The plaintiff, Parker, owned a parcel of land with his brother, Owen. Parker wanted to partition the land, but Owen refused. Parker then filed a partition action against Owen. The trial court found that the partition was valid and ordered the land to be divided. However, Owen appealed the decision, arguing that the partition was invalid because it was not done in accordance with the law. The appellate court agreed with Owen and reversed the trial court’s decision, holding that the partition was invalid because it was not done in accordance with the law. The court held that a partition must be done in accordance with the law in order to be valid, and that the partition in this case was not done in accordance with the law.
Contact our Team of Experienced Partition Lawyers Serving the City of La Mirada 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.