Partition Actions in La Puente
La Puente is a city located in the San Gabriel Valley region of Los Angeles County, California. It is a suburban city is known for its diverse culture, with a large Hispanic population and a variety of restaurants and shops. The city is home to several parks, including La Puente Park, which features a lake, picnic areas, and a playground. La Puente is also home to the Puente Hills Mall, which offers a variety of shopping and dining options. The city is served by the La Puente Valley Unified School District, which includes several elementary, middle, and high schools. La Puente is conveniently located near major freeways, making it an ideal location for commuters.
According to Zillow, the median home value in La Puente, California is $521,400 as of 2021. As of the 2020 United States Census, the population of La Puente, California was 40,824.
Experienced Real Estate Partition Action Attorneys Serving La Puente
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 is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- 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.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
Regan v. McMahon – Partition Action Case Study
In the legal case of Regan v. McMahon, 41 Cal. 679 (1871), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Regan, owned a one-third interest in a piece of real property with two other owners, McMahon and another individual. Regan sought to partition the property, but McMahon refused to consent to the partition. The court held that a partition could not be made without the consent of all the owners, and that Regan’s attempt to partition the property was invalid. The court reasoned that a partition would be a violation of the rights of the other owners, and that it would be unfair to force them to accept a partition without their consent.
Contact our Team of Experienced Partition Lawyers Serving the City of La Puente 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 (626) 777-3300 or contact us online for a free consultation about your co-ownership issues.