Experienced Partition Action Lawyers in Commerce
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 done 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. The valuable real estate in Commerce 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.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- 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.
- What is a partition action and when is it necessary?
Partition Actions in Commerce
Partition actions are common in the City of Commerce.
The community of Commerce, located in the eastern part of Los Angeles County, was founded in 1887 by a group of settlers from the Midwest. The town was originally called “Tecula” after the nearby river, but the name was changed to Commerce in 1888. The town was incorporated in 1960 and has since grown to become a major industrial and commercial center. The city is home to the Citadel Outlets, the largest outlet mall in California, and the Commerce Casino, the largest card room in the world. The city is also home to the Commerce Industrial Park, which is home to many large companies, including Nestle, Coca-Cola, and Pepsi.
Commerce includes the zip codes of 90022, 90023, 90040.
Partition Actions Under California Law
In re Marriage of LeSage
In the legal case of In re Marriage of LeSage, 2007 WL 4200962, B189730 (29-Nov-2007) , the issue of partition was at the center of the dispute. The parties had entered into a marital settlement agreement (MSA) that provided for the division of their community property. The MSA provided that the parties would each receive a 50% interest in the community property, but that the husband would receive a larger share of the proceeds from the sale of the property. The wife argued that the MSA was invalid because it did not provide for a partition of the community property, as required by California law. The court agreed with the wife, finding that the MSA did not provide for a partition of the community property and was therefore invalid. The court ordered the parties to enter into a partition agreement that would divide the community property in accordance with California law.
Contact our Team of Experienced Partition Lawyers Serving the City of Commerce, California
Contact Experienced Partition Attorney Scott Talkov
(562) 600-3300
Experienced California Partition Attorney Serving Commerce
When faced with a disagreement with your co-owner regarding the sale of your property in Commerce, 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 Commerce, 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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