Experienced Partition Action Lawyers in Monterey 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 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 possible, it may order the property to be sold and the proceeds divided among the co-owners. The valuable real estate in Monterey 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 is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- 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.
- 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.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- 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.
Partition Actions in Monterey Park
Partition actions are common in the City of Monterey Park.
Monterey Park, California was founded in May 1916 by a group of developers who purchased the original site, which was part of the Rancho San Antonio. The city was named after the city of Monterey in Spain, and the developers hoped to create a residential community that would attract wealthy residents from Los Angeles. In the 1920s, the city experienced a population boom as many Chinese immigrants moved to the area. The Chinese immigrants established businesses and built homes in the city, and by the 1930s, Monterey Park had become the first suburban Chinatown in the United States. In the 1950s, the city experienced another population boom as many Mexican and Filipino immigrants moved to the area. The city continued to grow throughout the 1960s and 1970s, and by the 1980s, Monterey Park had become the first city in the United States with an Asian-American majority population. Today, Monterey Park is a vibrant and diverse city with a population of over 60,000 people. The city is home to a variety of businesses, restaurants, and cultural attractions, and is considered one of the most desirable places to live in the Los Angeles area.
Monterey Park includes the zip codes of 91754, 91755, 91756.
Partition Actions Under California Law
Mayer v. Mayer
In the legal case of Mayer v. Mayer, 118 Cal. 510 (1897), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their father’s estate. The siblings had inherited the estate from their father, who had died without leaving a will. The siblings disagreed on how the estate should be divided, and the court was asked to decide the matter. The court ultimately ruled that the estate should be divided equally between the siblings, but the court also noted that the partition of the estate should be done in such a way that each sibling would receive an equal share of the estate’s value. The court also noted that the partition should be done in a manner that would not cause any unnecessary hardship to either sibling.
Contact our Team of Experienced Partition Lawyers Serving the City of Monterey Park, California
Contact Experienced Partition Attorney Scott Talkov
(626) 777-3300
Experienced California Partition Attorney Serving Monterey Park
When faced with a disagreement with your co-owner regarding the sale of your property in Monterey 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 Monterey 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 (626) 777-3300 or complete an online contact form.
Our Monterey Park partition attorneys also serve the nearby areas of Alhambra, Rosemead, San Gabriel, Montebello, and East Los Angeles.
