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. 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 partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. 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:
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- 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.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
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 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.