Partition Actions in Lynwood
Lynwood is a city located in Los Angeles County, California. It is located in the Gateway Cities region of southeastern Los Angeles County, just south of the city of Compton. Lynwood is a predominantly Latino city with a population that is over 90% Hispanic. The city is known for its low crime rate and its proximity to Los Angeles International Airport, the Port of Los Angeles, and the Long Beach Airport. The city is also home to several parks, including Lynwood Park, which features a playground, basketball courts, and a skate park.
According to Zillow, the median home value in Lynwood, California is $420,000. As of the 2020 United States Census, the population of Lynwood, California is 73,717.
Experienced Real Estate Partition Action Attorneys Serving Lynwood
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- 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 are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- What is a partition action and when is it necessary?
Lacoste v. Eastland – Partition Action Case Study
In the legal case of Lacoste v. Eastland, 117 Cal. 673 (1897), the issue of partition was at the center of the dispute. The case involved two parties, Lacoste and Eastland, who had inherited a piece of property from their father. The property was divided into two parts, with Lacoste owning the northern portion and Eastland owning the southern portion. The dispute arose when Eastland attempted to partition the property, which would have resulted in Lacoste losing his portion of the property. Lacoste argued that the partition was invalid because it was not done in accordance with the law. The court ultimately ruled in favor of Lacoste, finding that the partition was invalid and that Lacoste was entitled to retain his portion of the property. The case serves as an important reminder of the importance of following the law when it comes to partitioning property.
Contact our Team of Experienced Partition Lawyers Serving the City of Lynwood 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 (310) 496-3300 or contact us online for a free consultation about your co-ownership issues.