Experienced Partition Action Lawyers in West Covina
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 West Covina 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 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.
- How does a partition action work in California?
- Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
- 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.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
Partition Actions in West Covina
Partition actions are common in the City of West Covina.
West Covina was founded in 1923 by the American Homebuilders Corporation, which was owned by the Covina Land and Water Company. The city was named after the nearby city of Covina, which was founded in 1882. The city was incorporated in 1961 and has since grown to become a major suburb of Los Angeles. West Covina is home to a variety of businesses, including retail stores, restaurants, and entertainment venues. The city is also home to the Eastland Shopping Center, which is one of the largest shopping centers in the San Gabriel Valley. West Covina is also home to the West Covina Unified School District, which serves over 30,000 students.
West Covina includes the zip codes of 91790, 91791, 91792, 91793.
Partition Actions Under California Law
Goodale v. Fifteenth Dist. Court
In the legal case of Goodale v. Fifteenth Dist. Court, 6 P.C.L.J. 391 (1880), the issue was whether a partition of real estate could be made without the consent of all the parties involved. The plaintiff, Goodale, owned a piece of real estate with two other parties, and he wanted to partition the land without the consent of the other two parties. The court held that a partition of real estate could not be made without the consent of all the parties involved. The court reasoned that a partition of real estate was a contract between the parties, and that all parties must agree to the terms of the contract in order for it to be valid. The court also noted that a partition of real estate was a matter of public policy, and that it was necessary to protect the rights of all parties involved.
Contact our Team of Experienced Partition Lawyers Serving the City of West Covina, California
Contact Experienced Partition Attorney Scott Talkov
(626) 777-3300
Experienced California Partition Attorney Serving West Covina
When faced with a disagreement with your co-owner regarding the sale of your property in West Covina, 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 West Covina, 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.
