Partition Actions in Lakewood
Lakewood is a city located in Los Angeles County, California. It is bordered by Long Beach to the west, Bellflower to the north, Cerritos to the east, and Cypress to the south. The city is known for its diverse population and vibrant culture. The city is home to many parks, shopping centers, and recreational facilities, making it a great place to live and visit. Lakewood is also home to many restaurants, bars, and entertainment venues, making it a popular destination for locals and visitors alike.
According to Zillow, the median home value in Lakewood, California is $619,400 as of 2021. As of the 2020 United States Census, the population of the California area of Lakewood was 80,048.
Experienced Real Estate Partition Action Attorneys Serving Lakewood
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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect is that these statutes provide a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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 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.
- 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.
Jacquemart v. Jacquemart – Partition Action Case Study
In the legal case of Jacquemart v. Jacquemart, 142 Cal.App.2d 794 (1956), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their father’s estate. The siblings had inherited the estate upon their father’s death, and the court was tasked with determining how to divide the estate between them. The court ultimately determined that the estate should be divided into two equal parts, with each sibling receiving one half. The court also determined that the siblings should be allowed to choose which half of the estate they would receive. This decision was based on the fact that the siblings had different needs and interests, and thus it would be unfair to force them to accept a partition that did not take into account their individual needs and interests.
Contact our Team of Experienced Partition Lawyers Serving the City of Lakewood 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.