WEBSITE VISITOR IP NOTIFICATIONS

South Gate Partition Lawyer

Partition Actions in South Gate

South Gate is a city located in the southeastern region of Los Angeles County, California. It is bordered by the cities of Lynwood to the north, Downey to the northwest, Bell to the southwest, and Huntington Park to the south. The city is known for its diverse population and vibrant culture. South Gate is home to a variety of attractions, including the South Gate Park, the South Gate Recreation Center, and the South Gate Library. The city is also home to a number of restaurants, shops, and entertainment venues. South Gate is a great place to live, work, and play.

According to Zillow, the median home value in South Gate, California is $521,400 as of 2021. As of 2020, the population of South Gate, California is 94,396.

Experienced Real Estate Partition Action Attorneys Serving South Gate

Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.

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.
  • 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.
  • 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.
  • 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

Speak to Our South Gate Partition Attorneys Today

Call our Los Angeles County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (562) 600-3300 or contact us below to schedule a free, 15-minute consultation

    Harrison v. Domergue – Partition Action Case Study

    In the legal case of Harrison v. Domergue, 274 Cal.App.2d 19 (1969), 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 a will. The siblings had agreed to partition the estate, but the sister, Domergue, had refused to sign the partition agreement. The brother, Harrison, then filed a partition action in court. The court found that the partition agreement was valid and enforceable, and ordered the partition of the estate. However, the court also found that Domergue had a right to a portion of the estate that was not included in the partition agreement. The court ordered that Domergue be given a portion of the estate that was not included in the partition agreement, and that the remaining portion of the estate be divided between the siblings according to the partition agreement.

    Contact our Team of Experienced Partition Lawyers Serving the City of South Gate, County of Los Angeles, California

    Our South Gate partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (562) 600-3300 or contact us online today.

    Talkov Law Los Angeles Office

    10880 Wilshire Blvd Ste 1101
    Los Angeles, CA 90024
    Phone: (310) 496-3300

    Talkov Law Offices

    Talkov Law is Rated 5 out of 5 stars based on 50 customer reviews.

    Contact Us Today for a Free Consultation & Pay No Retainer

    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

      Awards and Recognition

      US News and World Report Scott Talkov

      We Have Been Featured On:

      The Real Deal

      The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.