Jointly Owned Property Issues in
Our team of partition attorneys in Los Angeles can assist co-owners with frequently asked questions about partitions, such as:
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- 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.
- 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.
Our Downtown Los Angeles Partition Attorneys Know Los Angeles County
Downtown Los Angeles is a vibrant and diverse community that is home to a variety of people from different backgrounds. It is the central business district of Los Angeles and is known for its skyscrapers, historic buildings, and cultural landmarks. The community is made up of a mix of residential and commercial areas, with many people living and working in the same neighborhood. There are also many cultural institutions, such as museums, theaters, and art galleries, that contribute to the community’s rich cultural heritage. Downtown Los Angeles is also known for its food scene, with many restaurants and food trucks offering a wide range of cuisines. The community is also home to several parks and green spaces, providing residents with opportunities to enjoy the outdoors. Overall, the community of Downtown Los Angeles is a dynamic and exciting place to live, work, and visit.
The most common real estate types in Downtown Los Angeles are: 1. Condominiums: Downtown LA has a large number of high-rise condominium buildings, which offer residents a luxurious lifestyle with amenities such as swimming pools, fitness centers, and 24-hour security. 2. Lofts: Downtown LA is known for its historic buildings that have been converted into trendy loft apartments. These spaces often feature high ceilings, exposed brick walls, and large windows. 3. Apartments: There are also many traditional apartment buildings in Downtown LA, ranging from affordable to luxury. 4. Townhouses: While less common than other types of real estate, there are also townhouses available in Downtown LA. These properties offer more space and privacy than apartments or condos. 5. Commercial properties: Downtown LA is a hub for business and commerce, so there are many commercial properties available for sale or lease, including office buildings, retail spaces, and warehouses.
Leyva v. Ortiz – Partition Action Case Study
In the legal case of Leyva v. Ortiz, 2023 WL 329331, C095423 (20-Jan-2023), the issue of partition was at the center of the dispute. The plaintiff, Leyva, owned a parcel of land that was jointly owned with the defendant, Ortiz. Leyva sought to partition the land, meaning that the two parties would divide the land into two separate parcels. Ortiz, however, refused to agree to the partition, claiming that the land was not divisible and that it should remain as one parcel. The court ultimately ruled in favor of Leyva, finding that the land was divisible and that the partition should be allowed. The court also ordered Ortiz to pay Leyva’s legal fees. The case highlights the importance of partition in property disputes and the need for parties to agree to a partition in order to avoid costly litigation.
Contact an Experienced Partition Attorney in Downtown Los Angeles, California
If you want to end your co-ownership relationship, but your co-owner refuses, a partition action is your only option. Our experienced partition lawyers serving have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Los Angeles County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (213) 933-3300 or fill out a contact form online.
