Experienced Partition Action Lawyers in Glassell Park
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 Glassell Park 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 are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- 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.
- 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.
- 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 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.
Partition Actions in Glassell Park
Partition actions are common in the Glassell Park neighborhood of the City of Los Angeles.
Glassell Park is a neighborhood in the northeast of Los Angeles, California. It is bordered by the Los Angeles River to the west, Glendale to the north, Eagle Rock to the south, and Cypress Park to the east. The area was originally part of the Rancho San Rafael land grant, and was developed in the early 20th century. The area was named after Andrew Glassell, a prominent Los Angeles lawyer and landowner who owned much of the land in the area. Glassell Park was annexed to the City of Los Angeles in 1915. The area experienced a period of growth in the 1920s and 1930s, with the construction of many Craftsman-style homes. The area was also home to a large Italian-American population, and many Italian restaurants and businesses were established in the area. In the 1950s, the area experienced a period of decline, as many of the Italian-American residents moved away. In the late 1970s and early 1980s, the area experienced a period of revitalization, with the construction of many new homes and businesses. Today, Glassell Park is a diverse neighborhood, with a mix of single-family homes, apartments, and businesses.
Glassell Park includes the zip code of 90065.
Partition Actions Under California Law
In the legal case of Cloninger v. Moran, Not Reported in Cal.Rptr., the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the siblings had agreed to partition the home, with one sibling taking the upstairs portion and the other taking the downstairs portion. However, the siblings had failed to execute a written agreement to formalize the partition. The dispute arose when one of the siblings attempted to sell the entire home without the consent of the other sibling. The court had to determine whether the partition agreement was valid and enforceable, and if so, how to divide the home. The court ultimately found that the partition agreement was valid and enforceable, and ordered the home to be divided in accordance with the agreement.
Contact our Team of Experienced Partition Lawyers Serving the Glassell Park neighborhood of the City of Los Angeles, California
Contact Experienced Partition Attorney Scott Talkov
(213) 933-3300
Experienced California Partition Attorney Serving Glassell Park
When faced with a disagreement with your co-owner regarding the sale of your property in Glassell Park, 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 Glassell Park, 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 (213) 933-3300 or complete an online contact form.
Our Glassell Park partition attorneys also serve the nearby areas of Highland Park, Eagle Rock, Atwater Village, Mount Washington, and Cypress Park.