Partition Actions in Monrovia
Monrovia is a city located in the foothills of the San Gabriel Mountains in Los Angeles County, California. It is the fourth oldest general law city in Los Angeles County and the L.A. metropolitan area. Monrovia is known for its small-town charm and is home to a variety of businesses, restaurants, and parks. The city is also home to the Monrovia Historical Museum, which showcases the city’s history and culture. Monrovia is a great place to live, work, and play, and is a popular destination for visitors from all over the world.
According to Zillow, the median home value in Monrovia, California is $717,400 as of 2021. As of the 2020 United States Census, the population of the California area of Monrovia is 36,590.
Experienced Real Estate Partition Action Attorneys Serving Monrovia
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 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.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- 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.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
Romanchek v. Romanchek – Partition Action Case Study
In the legal case of Romanchek v. Romanchek, 248 Cal.App.2d 337 (1967), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their parents’ estate. The siblings had inherited the estate from their parents, who had died without a will. The siblings had agreed to partition the estate, but the agreement was never formalized. The court found that the siblings had agreed to partition the estate, but that the agreement was not binding because it was not in writing. The court also found that the siblings had not taken any action to partition the estate, and that the estate had not been partitioned in accordance with the agreement. The court held that the siblings were entitled to partition the estate, but that the partition must be done in accordance with the agreement.
Contact our Team of Experienced Partition Lawyers Serving the City of Monrovia 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.