Partition Attorney in Arcadia, California

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Experienced Partition Action Lawyers in Arcadia

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. The valuable real estate in Arcadia often creates disagreements between co-owners that can only be solved by a Los Angeles partition attorney skilled in the judicial procedures in Los Angeles County.

  • 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.
  • 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
  • What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
  • 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.
  • Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.

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Partition Actions in Arcadia

Partition actions are common in the City of Arcadia.

Arcadia, California is a city located in Los Angeles County, California. It is located about 13 miles northeast of downtown Los Angeles. The city was founded in 1903 by Elias Jackson “Lucky” Baldwin, an American financier, racehorse breeder, and real estate developer. Baldwin purchased 8,000 acres of land in the San Gabriel Valley and named it after the Greek province of Arcadia. The city was incorporated in 1903 and quickly became a popular destination for wealthy Angelenos. The city was known for its large estates, horse ranches, and citrus groves. In the 1920s, Arcadia became a popular tourist destination, with many visitors coming to see the famous Santa Anita Park racetrack. In the 1950s, Arcadia experienced a population boom as many people moved to the area to take advantage of the city’s excellent schools and proximity to Los Angeles. The city has continued to grow and today is home to a population of over 57,000 people. Arcadia is known for its tree-lined streets, excellent schools, and vibrant downtown area.

Arcadia includes the zip codes of 91006, 91007.

Partition Actions Under California Law

Mercola v. Chester

In the legal case of Mercola v. Chester, 97 Cal.App.2d 140 (1950), the issue was whether a partition of real property was proper. The plaintiff, Mercola, owned a parcel of real property with her husband, Chester. After their divorce, Mercola sought to partition the property, while Chester argued that the property was not subject to partition because it was held in joint tenancy. The court found that the property was subject to partition, as the joint tenancy had been severed by the divorce. The court also found that the partition should be made in accordance with the terms of the divorce decree, which provided for an equal division of the property.

Contact our Team of Experienced Partition Lawyers Serving the City of Arcadia, California

Contact Experienced Partition Attorney Scott Talkov

(626) 777-3300

Experienced California Partition Attorney Serving Arcadia

When faced with a disagreement with your co-owner regarding the sale of your property in Arcadia, our partition attorneys in Los Angeles County are here to safeguard your rights and expedite the resolution process through court intervention. With extensive expertise in resolving co-ownership disputes in Arcadia, California, we can assist you in unlocking the value of your property. To schedule a complimentary 15-minute consultation with one of our dedicated partition attorneys at Partition Los Angeles, simply reach out to us via phone at (626) 777-3300 or complete an online contact form.

Our Arcadia partition attorneys also serve the nearby areas of Monrovia, Sierra Madre, Temple City, San Marino, and Pasadena.