Lynwood Partition Lawyer

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 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:

  • Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
  • 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.
  • Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
  • 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 are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.

Speak to Our Lynwood Partition Attorneys Today

Call our Los Angeles County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (310) 496-3300 or contact us below to schedule a free, 15-minute consultation

    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, County of Los Angeles, California

    Our Lynwood partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (310) 496-3300 or contact us online today.

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    Phone: (310) 496-3300

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