Experienced Partition Action Lawyers in Long Beach
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 Long Beach 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 I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- 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 types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
Partition Actions in Long Beach
Partition actions are common in the City of Long Beach.
Long Beach, California, is located in Los Angeles County and is the seventh-largest city in the state. It has a rich history that dates back to the early 1800s when it was inhabited by the Tongva people. In the late 1800s, the area was developed by William E. Willmore, who purchased the land and named it Willmore City. In 1888, the city was incorporated as Long Beach and quickly became a popular beach destination. In the early 1900s, the city experienced a period of rapid growth, with the opening of the Port of Long Beach in 1911 and the establishment of the Naval Station Long Beach in 1917. During World War II, the city was a major shipbuilding center and the home of the Douglas Aircraft Company. After the war, the city continued to grow and develop, becoming a major tourist destination and home to a thriving aerospace industry. Today, Long Beach is a vibrant city with a diverse population and a thriving economy. It is home to a number of attractions, including the Aquarium of the Pacific, the Queen Mary, and the Long Beach Grand Prix. The city is also home to a number of universities, including California State University, Long Beach and Long Beach City College.
Long Beach includes the zip codes of 90802, 90803, 90804, 90805, 90806, 90807, 90808, 90809, 90810, 90813, 90814, 90815, 90822, 90831, 90832, 90833, 90834, 90835, 90840, 90842, 90844, 90846, 90847, 90848, 90853, 90899..
Partition Actions Under California Law
Bell v. Goytino
In the legal case of Bell v. Goytino, 73 P. 1131 (1903), the issue was whether a partition of land between two parties was valid. The parties had agreed to a partition of the land, but the court found that the partition was not valid because it was not done in accordance with the law. Specifically, the court found that the partition was not done in accordance with the provisions of the partition statute, which required that the partition be done by a court-appointed commissioner. The court also found that the partition was not done in accordance with the terms of the deed, which required that the partition be done by a surveyor. The court held that the partition was invalid and that the parties must go back to the original deed and divide the land according to its terms.
Contact our Team of Experienced Partition Lawyers Serving the City of Long Beach, California
Contact Experienced Partition Attorney Scott Talkov
(562) 600-3300
Experienced California Partition Attorney Serving Long Beach
When faced with a disagreement with your co-owner regarding the sale of your property in Long Beach, 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 Long Beach, 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.
Our Long Beach partition attorneys also serve the nearby areas of Belmont Shore, Naples, Bixby Knolls, Signal Hill, Lakewood, and Seal Beach.