Experienced Partition Action Lawyers in Temple City
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 Temple City 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 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.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
Partition Actions in Temple City
Partition actions are common in the City of Temple City.
91780
Temple City includes the of zip code.
Partition Actions Under California Law
Royston v. Miller
In the legal case of Royston v. Miller, 76 F. 50 (1896), the issue was whether a partition of real estate was valid. The court held that the partition was valid, but the decision was based on the fact that the partition was made in good faith and with the intention of dividing the property equally between the parties. The court also noted that the partition was made without fraud or collusion. The court further noted that the partition was made in accordance with the laws of the state in which the property was located. The court also noted that the partition was made in a manner that was fair and equitable to both parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Temple City, California
Contact Experienced Partition Attorney Scott Talkov
(626) 777-3300
Experienced California Partition Attorney Serving Temple City
When faced with a disagreement with your co-owner regarding the sale of your property in Temple City, 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 Temple City, 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.
