Experienced Partition Action Lawyers in Gardena
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 court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action. The valuable real estate in Gardena 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 will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- 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.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
- 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.
Partition Actions in Gardena
Partition actions are common in the City of Gardena.
Gardena was founded in 1930 by Japanese-American farmers who had previously been living in the nearby city of Los Angeles. The city was named after the Japanese word for “garden” and was incorporated in 1930. During World War II, the city was home to a large Japanese-American population, many of whom were interned in nearby camps. After the war, the city experienced a period of growth and development, becoming a major center for manufacturing and industry. In the 1970s, the city began to diversify its economy, and today it is home to a variety of businesses, including automotive, aerospace, and electronics. Gardena is also home to a large Japanese-American population, and the city celebrates its Japanese heritage with an annual Cherry Blossom Festival.
Gardena includes the zip codes of 90247, 90248, 90249.
Partition Actions Under California Law
McCabe v. Ford
In the legal case of McCabe v. Ford, Not Reported in Cal.Rptr.2d (2003), the issue of partition was at the center of the dispute. The plaintiff, McCabe, owned a parcel of land with the defendant, Ford. The two parties had a disagreement over the partition of the land, with McCabe wanting to divide the land into two separate parcels and Ford wanting to keep the land as one parcel. The court ultimately ruled in favor of McCabe, finding that the partition was necessary to protect the interests of both parties. The court also found that the partition would not cause any undue hardship to either party.
Contact our Team of Experienced Partition Lawyers Serving the City of Gardena, California
Contact Experienced Partition Attorney Scott Talkov
(310) 496-3300
Experienced California Partition Attorney Serving Gardena
When faced with a disagreement with your co-owner regarding the sale of your property in Gardena, 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 Gardena, 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 (310) 496-3300 or complete an online contact form.
Our Gardena partition attorneys also serve the nearby areas of Torrance, Hawthorne, Carson, Compton, and Los Angeles.
