Experienced Partition Action Lawyers in Pomona
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 Pomona 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 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.
- 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.
- 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.
- What is a partition action and when is it necessary?
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
Partition Actions in Pomona
Partition actions are common in the City of Pomona.
91766, 91767, 91768, 91769, 91797
Pomona includes the of zip codes.
Partition Actions Under California Law
Demetris v. Demetris
In the legal case of Demetris v. Demetris, 125 Cal.App.2d 440 (1954), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family-owned property. The siblings had inherited the property from their father, who had died without a will. The siblings had agreed to partition the property, but the agreement was never formalized. The court found that the siblings had an implied agreement to partition the property, and that the agreement was binding. The court also found that the siblings had a duty to partition the property in accordance with the agreement, and that the failure to do so constituted a breach of contract. The court ordered the siblings to partition the property in accordance with the agreement.
Contact our Team of Experienced Partition Lawyers Serving the City of Pomona, California
Contact Experienced Partition Attorney Scott Talkov
(909) 577-3300
Experienced California Partition Attorney Serving Pomona
When faced with a disagreement with your co-owner regarding the sale of your property in Pomona, 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 Pomona, 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 (909) 577-3300 or complete an online contact form.
