Experienced Partition Action Lawyers in La Habra Heights
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 La Habra Heights 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.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code ยง 872.020.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- 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 Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
Partition Actions in La Habra Heights
Partition actions are common in the City of La Habra Heights.
La Habra Heights is a small, unincorporated community located in the foothills of the Puente Hills in Los Angeles County, California. The area was originally inhabited by the Tongva people, who were later displaced by Spanish settlers in the late 1700s. The area was used for cattle grazing and farming until the early 1900s, when oil was discovered in the area. The first oil well was drilled in 1921, and the area quickly became a hub for oil production. The area was incorporated as the City of La Habra Heights in 1961, and the population has grown steadily since then. The city is known for its rural atmosphere and its views of the San Gabriel Mountains.
La Habra Heights includes the zip code of 90631.
Partition Actions Under California Law
Bui v. Bui
In the legal case of Bui v. Bui, 2007 WL 2783459, G037386 (26-Sep-2007) , the partition issues revolved around the division of a family-owned property. The property in question was owned by the parents of the two parties, who had passed away. The two parties, the plaintiff and the defendant, were siblings who had inherited the property. The plaintiff sought to partition the property, while the defendant argued that the property should remain undivided. The court ultimately ruled in favor of the plaintiff, finding that the property should be partitioned in accordance with the wishes of the deceased parents. The court also ordered the defendant to pay the plaintiff’s costs associated with the partition.
Contact our Team of Experienced Partition Lawyers Serving the City of La Habra Heights, California
Contact Experienced Partition Attorney Scott Talkov
(562) 600-3300
Experienced California Partition Attorney Serving La Habra Heights
When faced with a disagreement with your co-owner regarding the sale of your property in La Habra Heights, 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 La Habra Heights, 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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