Experienced Partition Attorneys Serving Long Beach
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.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- 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 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.
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Partition Actions in Long Beach
Partitions are quite common in Long Beach. According to Zillow, the median home value in Long Beach, California is $637,400 as of 2021. As of 2020, the population of the California area of Long Beach is 474,140.
Long Beach is a vibrant coastal city located in Southern California, just south of Los Angeles. It is the seventh-largest city in the state and is home to a diverse population. The city is known for its beautiful beaches, vibrant nightlife, and diverse cultural attractions. Long Beach is a popular destination for tourists, offering a variety of activities such as sailing, surfing, and swimming. The city is also home to the historic Queen Mary, the Aquarium of the Pacific, and the Long Beach Grand Prix. With its sunny climate, diverse attractions, and vibrant culture, Long Beach is a great place to visit and explore.
Bell v. Goytino – Partition Action Case Study
In the legal case of Bell v. Goytino, 73 P. 1131 (1903), the issue was whether a partition of land between two parties was valid. The parties had agreed to a partition of the land, but the court found that the partition was not valid because it was not done in accordance with the law. Specifically, the court found that the partition was not done in accordance with the provisions of the partition statute, which required that the partition be done by a court-appointed commissioner. The court also found that the partition was not done in accordance with the terms of the deed, which required that the partition be done by a surveyor. The court held that the partition was invalid and that the parties must go back to the original deed and divide the land according to its terms.
Contact our Team of Experienced Partition Lawyers Serving the City of Long Beach 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.
Our partition attorneys in Long Beach, California serve Los Angeles County and surrounding areas including Los Angeles, Orange County, San Pedro, Seal Beach, Lakewood, Signal Hill, Wilmington, Carson, Compton, Bellflower, Downey.