Partition Actions in Montebello
Montebello is a city located in the southeastern region of Los Angeles County, California. It is bordered by the cities of Commerce, East Los Angeles, and Monterey Park. Montebello is home to a diverse population and is known for its vibrant culture and strong sense of community. The city is home to a variety of attractions, including the Montebello Town Center, a shopping mall, and the Montebello Golf Course. Montebello is also home to a number of parks, including Montebello City Park, which features a lake, picnic areas, and a playground. The city is served by the Montebello Unified School District, which includes several elementary, middle, and high schools.
According to Zillow, the median home value in Montebello, California is $521,400 as of 2021. As of the 2020 United States Census, the population of Montebello, California was 65,476.
Experienced Real Estate Partition Action Attorneys Serving Montebello
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 are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- 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 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.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
Martin v. Baldwin – Partition Action Case Study
In the legal case of Martin v. Baldwin, 9 Sawy. 632 (1884), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings, Martin and Baldwin, over the partition of their father’s estate. Martin argued that the estate should be divided equally between the two siblings, while Baldwin argued that the estate should be divided according to the will of their father. The court ultimately ruled in favor of Baldwin, finding that the will of the father should be followed and that the estate should be divided according to the will. The court also found that Martin was not entitled to any additional compensation for his share of the estate. This case serves as an example of the difficulties that can arise when attempting to divide an estate among multiple parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Montebello 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.