Partition Actions in Temple City
Temple City is a city located in the San Gabriel Valley of Los Angeles County, California. It is a suburb of Los Angeles, located approximately 20 miles east of downtown. The city is known for its tree-lined streets, high-end shopping centers, and its annual Temple City Chamber of Commerce-sponsored events, such as the Chinese New Year Festival and the Camellia Festival. The city is also home to a number of historic sites, including the Temple City Historical Society Museum, the Temple City Public Library, and the Temple City Park.
According to Zillow, the median home value in Temple City, Los Angeles County, California is $717,400 as of 2021. As of the 2020 United States Census, the population of Temple City, California was 35,558.
Experienced Real Estate Partition Action Attorneys Serving Temple City
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 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.
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
Royston v. Miller – Partition Action Case Study
In the legal case of Royston v. Miller, 76 F. 50 (1896), the issue was whether a partition of real estate was valid. The court held that the partition was valid, but the decision was based on the fact that the partition was made in good faith and with the intention of dividing the property equally between the parties. The court also noted that the partition was made without fraud or collusion. The court further noted that the partition was made in accordance with the laws of the state in which the property was located. The court also noted that the partition was made in a manner that was fair and equitable to both parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Temple City 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.