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:
- 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.
- 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
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
Our Hacienda Heights Partition Attorneys Know Los Angeles County
Hacienda Heights is a suburban community located in the San Gabriel Valley of Los Angeles County, California. It is bordered by the cities of La Puente, Rowland Heights, and West Covina. The community is home to a diverse population of over 50,000 people, with a majority of the population being of Hispanic or Latino descent. The area is known for its beautiful views of the San Gabriel Mountains and its many parks and recreational areas. Hacienda Heights is also home to a variety of businesses, including restaurants, retail stores, and medical centers. The community is served by the Hacienda La Puente Unified School District, which includes several elementary, middle, and high schools.
Hacienda Heights is a suburban community located in Los Angeles County, California. It is known for its beautiful views of the San Gabriel Valley and its close proximity to downtown Los Angeles. The types of real estate in Hacienda Heights include single-family homes, townhomes, condominiums, and multi-family dwellings. Single-family homes are the most common type of real estate in Hacienda Heights, with many homes featuring large yards and plenty of space for outdoor activities. Townhomes are also popular in the area, offering a more affordable option for those looking to purchase a home in the area. Condominiums are also available, offering a more modern living experience with amenities such as pools, fitness centers, and more. Multi-family dwellings are also available, providing an opportunity for investors to purchase multiple units in one building.
Gonzalez v. Sanchez – Partition Action Case Study
In the legal case of Gonzalez v. Sanchez, 2008 WL 1877452, B193144 (29-Apr-2008), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the siblings had agreed to partition the home, with each sibling receiving a portion of the home. However, the siblings were unable to agree on the terms of the partition, and the dispute ended up in court. The court ultimately ruled that the siblings should partition the home in accordance with the terms of the partition agreement that they had originally agreed to. The court also ordered that the siblings should pay for the costs of the partition, including the costs of surveying the property and any other costs associated with the partition.
Contact an Experienced Partition Attorney in Hacienda Heights, California
If you want to end your co-ownership relationship, but your co-owner won’t agree, 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 a knowledgeable partition attorney at Partition Lawyer California, call (626) 777-3300 or fill out a contact form online.
