Partition Actions in Norwalk
Norwalk is a city located in Los Angeles County, California. It is located in the southwestern corner of the county, just south of the Los Angeles city limits. The city is known for its diverse population and vibrant culture. Norwalk is home to many parks, shopping centers, and entertainment venues, making it a popular destination for visitors and locals alike. The city is also home to a number of educational institutions, including Cerritos College and California State University, Long Beach.
According to Zillow, the median home value in Norwalk, California is $521,400. As of the 2020 United States Census, the population of Norwalk, California was 106,742.
Experienced Real Estate Partition Action Attorneys Serving Norwalk
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 resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- 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 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.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell 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.
Gordon v. City of San Diego – Partition Action Case Study
In the legal case of Gordon v. City of San Diego, 108 Cal. 264 (1895), the issue was whether the City of San Diego had the right to partition a certain parcel of land owned by the plaintiff, William Gordon. The City argued that it had the right to partition the land under a state statute that allowed cities to partition land for public use. The plaintiff argued that the statute was unconstitutional because it violated the due process clause of the Fourteenth Amendment. The court ultimately held that the statute was constitutional and that the City had the right to partition the land. The court reasoned that the statute was a valid exercise of the City’s police power and that the plaintiff had no right to prevent the City from exercising its police power.
Contact our Team of Experienced Partition Lawyers Serving the City of Norwalk 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.