Experienced Partition Action Lawyers in Downey
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 Downey 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 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 my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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.
Partition Actions in Downey
Partition actions are common in the City of Downey.
90239, 90240, 90241, 90242
Downey includes the of zip codes.
Partition Actions Under California Law
Gates v. Salmon
In the legal case of Gates v. Salmon, 35 Cal. 576 (1868), the issue of partition was at the center of the dispute. The case involved two parties, Gates and Salmon, who had jointly purchased a piece of land. The two parties had agreed to divide the land into two equal parts, but Salmon had failed to do so. Gates then filed a lawsuit against Salmon, seeking a court order to compel Salmon to divide the land into two equal parts. The court ultimately ruled in favor of Gates, ordering Salmon to divide the land into two equal parts. The court also ordered Salmon to pay Gates for any damages caused by his failure to divide the land. This case serves as an example of how partition issues can arise in real estate transactions and how the court can intervene to resolve such disputes.
Contact our Team of Experienced Partition Lawyers Serving the City of Downey, California
Contact Experienced Partition Attorney Scott Talkov
(562) 600-3300
Experienced California Partition Attorney Serving Downey
When faced with a disagreement with your co-owner regarding the sale of your property in Downey, 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 Downey, 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.
