Partition Actions in Monterey Park
Monterey Park is a city located in Los Angeles County, California. It is located in the San Gabriel Valley, just east of downtown Los Angeles. The city is known for its diverse population, with a large Asian-American population, and is home to many Chinese, Taiwanese, and Filipino-American businesses. Monterey Park is also home to a large number of parks and recreational areas, including the Monterey Park Golf Course, the Monterey Park Japanese Garden, and the Monterey Park Historical Museum. The city is also home to a number of shopping centers, restaurants, and other attractions.
According to Zillow, the median home value in Monterey Park, Los Angeles County, California is $619,400 as of 2021. As of the 2020 United States Census, the population of Monterey Park, California was 60,269.
Experienced Real Estate Partition Action Attorneys Serving Monterey Park
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes also provide a way for co-owners to force the sale of the property if they cannot agree on how to divide it. The partition statutes also set out the procedures for the sale of the property and how the proceeds of the sale will be divided among the co-owners. The partition statutes also provide for the payment of costs associated with the sale of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
- Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
- 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.
Mayer v. Mayer – Partition Action Case Study
In the legal case of Mayer v. Mayer, 118 Cal. 510 (1897), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their father’s estate. The siblings had inherited the estate from their father, who had died without leaving a will. The siblings disagreed on how the estate should be divided, and the court was asked to decide the matter. The court ultimately ruled that the estate should be divided equally between the siblings, but the court also noted that the partition of the estate should be done in such a way that each sibling would receive an equal share of the estate’s value. The court also noted that the partition should be done in a manner that would not cause any unnecessary hardship to either sibling.
Contact our Team of Experienced Partition Lawyers Serving the City of Monterey Park 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.