Partition Actions in Signal Hill
Signal Hill is a small city located in Los Angeles County, California. It is situated on a hilltop overlooking the city of Long Beach and the Pacific Ocean. The city is known for its oil production, which began in 1921 and continues to this day. Signal Hill is also home to a variety of businesses, including restaurants, shops, and entertainment venues. The city is known for its vibrant nightlife, with a variety of bars and clubs. The city also has a number of parks and trails, making it a great place to explore and enjoy the outdoors.
According to Zillow, the median home value in Signal Hill, California is $619,000 as of 2021. As of the 2020 United States Census, the population of Signal Hill, California was 11,744.
Experienced Real Estate Partition Action Attorneys Serving Signal Hill
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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- 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 are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
Coulter v. McNeil – Partition Action Case Study
In the legal case of Coulter v. McNeil, 2011 WL 3211101, B219538 (28-Jul-2011) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the siblings had agreed to partition the home, with one sibling taking the upstairs portion and the other taking the downstairs portion. However, the siblings had failed to execute a formal partition agreement, and the dispute arose when one of the siblings refused to vacate the home. The court ultimately held that the siblings had an implied agreement to partition the home, and that the agreement was enforceable. The court also held that the partition agreement was valid and enforceable, and that the sibling who refused to vacate the home was in breach of the agreement.
Contact our Team of Experienced Partition Lawyers Serving the City of Signal Hill 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.