Experienced Partition Action Lawyers in Whittier
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 Whittier 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.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- 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.
- 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).
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
Partition Actions in Whittier
Partition actions are common in the City of Whittier.
Whittier, California was founded in 1887 by Quakers who had traveled from Iowa. The city was named after the Quaker poet, John Greenleaf Whittier. The city was incorporated in 1898 and quickly became a popular destination for those seeking a rural lifestyle. The city was known for its citrus groves and dairy farms, and it was also home to the first oil refinery in the Los Angeles area. In the 1950s, the city experienced a population boom as people moved to the area for its affordable housing and proximity to Los Angeles. Today, Whittier is a diverse city with a population of over 85,000 people. It is home to several parks, museums, and other attractions, and it is a popular destination for visitors from all over the world.
Whittier includes the zip codes of 90601, 90602, 90603, 90604, 90605, 90606.
Partition Actions Under California Law
Hsu v. Duan
In the legal case of Hsu v. Duan, Not Reported in Cal.Rptr.2d (2002), the court was tasked with determining the validity of a partition agreement between two parties. The agreement stated that the parties would divide the property in question into two separate parcels, with each party receiving one parcel. The court found that the agreement was invalid because it did not provide for a clear and definite division of the property. The court also found that the agreement did not provide for a method of determining the value of each parcel, nor did it provide for a method of determining how the costs of the partition would be divided between the parties. Additionally, the court found that the agreement did not provide for a method of determining who would be responsible for any taxes or other liabilities associated with the partition. Finally, the court found that the agreement did not provide for a method of determining who would be responsible for any disputes that may arise between the parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Whittier, California
Contact Experienced Partition Attorney Scott Talkov
(562) 600-3300
Experienced California Partition Attorney Serving Whittier
When faced with a disagreement with your co-owner regarding the sale of your property in Whittier, 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 Whittier, 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 (562) 600-3300 or complete an online contact form.
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