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Whittier Partition Lawyer

Partition Actions in Whittier

Whittier is a city located in Los Angeles County, California. It is located in the southeastern part of the county, about 12 miles southeast of downtown Los Angeles. The city is known for its quaint downtown area, which is home to a variety of shops, restaurants, and other businesses. The city is also home to several parks, including the Whittier Narrows Recreation Area, which offers a variety of outdoor activities. Whittier is also home to several colleges and universities, including Whittier College and Rio Hondo College.

According to Zillow, the median home value in Whittier, California is $541,400 as of 2021. As of the 2020 United States Census, the population of the California area of Whittier is 87,413.

Experienced Real Estate Partition Action Attorneys Serving Whittier

Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
  • When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
  • 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).
  • 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.
  • 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.

Speak to Our Whittier 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

    Hsu v. Duan – Partition Action Case Study

    In the legal case of Hsu v. Duan, Not Reported in Cal.Rptr.2d (2002), the court was tasked with determining the validity of a partition agreement between two parties. The agreement stated that the parties would divide the property in question into two separate parcels, with each party receiving one parcel. The court found that the agreement was invalid because it did not provide for a clear and definite division of the property. The court also found that the agreement did not provide for a method of determining the value of each parcel, nor did it provide for a method of determining how the costs of the partition would be divided between the parties. Additionally, the court found that the agreement did not provide for a method of determining who would be responsible for any taxes or other liabilities associated with the partition. Finally, the court found that the agreement did not provide for a method of determining who would be responsible for any disputes that may arise between the parties.

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

    Our Whittier 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.

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    Los Angeles, CA 90024
    Phone: (310) 496-3300

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