Experienced Partition Action Lawyers in La Puente
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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not feasible, it may order the property to be sold and the proceeds divided among the co-owners. The valuable real estate in La Puente 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.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- 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.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- 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 § 872.020.
Partition Actions in La Puente
Partition actions are common in the City of La Puente.
La Puente, California is a city located in the San Gabriel Valley of Los Angeles County. The area was originally inhabited by the Tongva Native American tribe, who called the area “Awingna”. The first Europeans to settle in the area were Spanish missionaries in 1769, who established the Mission San Gabriel Arcangel. The area was later part of the Rancho La Puente, which was granted to John Rowland and William Workman in 1845. In the early 1900s, the area began to develop as a farming community, with many citrus and walnut groves. The city of La Puente was officially incorporated in 1956. Since then, the city has grown to become a diverse community with a population of over 40,000. The city is home to many parks, schools, and businesses, and is known for its annual La Puente Valley Fair.
La Puente includes the zip codes of 91744, 91746, 91747.
Partition Actions Under California Law
Regan v. McMahon
In the legal case of Regan v. McMahon, 41 Cal. 679 (1871), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Regan, owned a one-third interest in a piece of real property with two other owners, McMahon and another individual. Regan sought to partition the property, but McMahon refused to consent to the partition. The court held that a partition could not be made without the consent of all the owners, and that Regan’s attempt to partition the property was invalid. The court reasoned that a partition would be a violation of the rights of the other owners, and that it would be unfair to force them to accept a partition without their consent.
Contact our Team of Experienced Partition Lawyers Serving the City of La Puente, California
Contact Experienced Partition Attorney Scott Talkov
(626) 777-3300
Experienced California Partition Attorney Serving La Puente
When faced with a disagreement with your co-owner regarding the sale of your property in La Puente, 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 Puente, 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 (626) 777-3300 or complete an online contact form.
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