Partition Attorney in Lancaster, California

Partition Lawyer Lancaster Los Angeles California Attorney Partition Action

Experienced Partition Action Lawyers in Lancaster

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 Lancaster 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 is a partition action and when is it necessary?
  • 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.
  • What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
  • 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.
  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.

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Partition Actions in Lancaster

Partition actions are common in the City of Lancaster.

Lancaster, California was founded in 1876 by settlers from Lancaster, Pennsylvania. The city was originally called Lancaster Station, and was a stop on the Southern Pacific Railroad. The city was incorporated in 1977 and has since grown to become the Antelope Valley’s largest city. Lancaster is known for its aerospace industry, which includes the nearby Edwards Air Force Base and the Antelope Valley Air Force Plant 42. The city is also home to the Lancaster Performing Arts Center, the Lancaster Museum of Art and History, and the Lancaster National Soccer Center.

Lancaster includes the zip codes of 93534, 93535, 93536, 93539, 93551.

Partition Actions Under California Law

Cunningham v. Frymire

In the legal case of Cunningham v. Frymire, 160 Cal.App.2d 726 (1958), the issue of partition arose when the parties disagreed over the division of a parcel of land. The plaintiff, Cunningham, owned a parcel of land that was divided into two parts. The defendant, Frymire, owned the other part. The parties disagreed over the division of the land, with Cunningham claiming that the land should be divided equally and Frymire claiming that the land should be divided according to the value of each part. The court ultimately ruled in favor of Cunningham, finding that the land should be divided equally. The court also found that Frymire was not entitled to any compensation for the value of his part of the land.

Contact our Team of Experienced Partition Lawyers Serving the City of Lancaster, California

Contact Experienced Partition Attorney Scott Talkov

(661) 999-3300

Experienced California Partition Attorney Serving Lancaster

When faced with a disagreement with your co-owner regarding the sale of your property in Lancaster, 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 Lancaster, 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 (661) 999-3300 or complete an online contact form.

Our Lancaster partition attorneys also serve the nearby areas of Quartz Hill, Palmdale, Rosamond, Mojave, and Acton.