Experienced Partition Action Lawyers in San Gabriel
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 San Gabriel 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 happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of 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.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- 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.
- How does a partition action work in California?
Partition Actions in San Gabriel
Partition actions are common in the City of San Gabriel.
San Gabriel, California was founded in 1771 by Spanish missionaries of the Franciscan order. The mission was named after Archangel Gabriel and was the fourth of the 21 missions established in California. The mission was the first to have a full-time blacksmith and a gristmill. The mission was also the first to have a winery and vineyard. In 1821, Mexico gained independence from Spain and the mission was secularized. The mission was then divided into land grants and the area became known as Rancho San Gabriel. In 1852, the area was incorporated as the city of San Gabriel. The city experienced rapid growth in the late 19th and early 20th centuries due to the arrival of the Southern Pacific Railroad and the development of the citrus industry. The city was also home to many prominent figures, including the first mayor of Los Angeles, William H. Workman. Today, San Gabriel is a vibrant city with a population of over 40,000. It is home to a variety of businesses, restaurants, and cultural attractions.
San Gabriel includes the zip codes of 91775, 91776.
Partition Actions Under California Law
Reed v. Allison
In the legal case of Reed v. Allison, 9 P.C.L.J. 446 (1882), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings, Reed and Allison, over the partition of their father’s estate. The court found that the siblings had agreed to divide the estate equally, but that Reed had failed to comply with the agreement. The court held that Reed was liable for the costs of partition, and ordered him to pay the costs of the partition. The court also held that Reed was liable for any damages caused by his failure to comply with the agreement. The court also held that the partition should be done in accordance with the agreement, and that any disputes should be resolved by the court.
Contact our Team of Experienced Partition Lawyers Serving the City of San Gabriel, California
Contact Experienced Partition Attorney Scott Talkov
(626) 777-3300
Experienced California Partition Attorney Serving San Gabriel
When faced with a disagreement with your co-owner regarding the sale of your property in San Gabriel, 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 San Gabriel, 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 San Gabriel partition attorneys also serve the nearby areas of Alhambra, Rosemead, Temple City, Monterey Park, and San Marino.
