Experienced Partition Action Lawyers in Cerritos
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. The valuable real estate in Cerritos 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 the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- 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.
- 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.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
Partition Actions in Cerritos
Partition actions are common in the City of Cerritos.
Cerritos, California was founded in 1844 by John Joseph and Juan Jose Nieto, two brothers of Spanish descent. The brothers purchased the land from the Rancho Los Coyotes Mexican land grant and named the area Rancho Los Cerritos. The area was primarily used for cattle and sheep grazing until the 1950s when the population began to grow rapidly due to the post-World War II housing boom. The city was incorporated in 1956 and has since become a major suburb of Los Angeles. Cerritos is now home to a diverse population of over 50,000 people and is known for its excellent schools, parks, and shopping centers.
Cerritos includes the zip code of 90703.
Partition Actions Under California Law
Noce v. Daveggio
In the legal case of Noce v. Daveggio, 2 Cal.Unrep. 354 (1884), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real estate. The two parties had agreed to divide the property into two equal parts, but the defendant refused to carry out the agreement. The plaintiff argued that the defendant was obligated to divide the property in accordance with the agreement, while the defendant argued that the agreement was invalid and that the property should remain undivided. The court ultimately ruled in favor of the plaintiff, finding that the agreement was valid and that the defendant was obligated to divide the property in accordance with the agreement. The court also held that the defendant was liable for any damages caused by his refusal to comply with the agreement.
Contact our Team of Experienced Partition Lawyers Serving the City of Cerritos, California
Contact Experienced Partition Attorney Scott Talkov
(562) 600-3300
Experienced California Partition Attorney Serving Cerritos
When faced with a disagreement with your co-owner regarding the sale of your property in Cerritos, 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 Cerritos, 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 (562) 600-3300 or complete an online contact form.
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