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:
- 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 filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
- 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.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
Our La Crescenta-Montrose Partition Attorneys Know Los Angeles County
La Crescenta-Montrose is a community located in the foothills of the San Gabriel Mountains in Los Angeles County, California. It is a small, affluent community with a population of approximately 20,000 people. The community is known for its excellent schools, beautiful parks, and its close proximity to downtown Los Angeles. La Crescenta-Montrose is home to a variety of businesses, including restaurants, shops, and entertainment venues. The community is also home to a number of cultural attractions, including the Descanso Gardens, the La Crescenta Library, and the La Crescenta Historical Society. La Crescenta-Montrose is a great place to live, work, and play.
La Crescenta-Montrose is a small community located in the foothills of the San Gabriel Mountains in Los Angeles County, California. The area is known for its picturesque views, excellent schools, and convenient access to downtown Los Angeles. The types of real estate in La Crescenta-Montrose include single-family homes, condominiums, townhomes, and multi-family dwellings. Single-family homes are the most common type of real estate in the area, with many homes featuring large yards and mountain views. Condominiums and townhomes are also popular, offering a more affordable option for those looking to purchase a home in the area. Multi-family dwellings, such as duplexes and triplexes, are also available in the area.
Hogan v. Hogan – Partition Action Case Study
In the legal case of Hogan v. Hogan, 2022 WL 897003, G059131 (28-Mar-2022), the partition issues revolve around the division of a parcel of real property owned by the parties. The parties are the husband and wife, and the property in question is a single-family residence located in Orange County, California. The husband and wife are in the process of a divorce, and the court must decide how to divide the property. The court must consider the value of the property, the contributions of each party to the acquisition and maintenance of the property, and the best interests of the parties. The court must also consider the potential for partitioning the property into two separate parcels, and the potential for selling the property and dividing the proceeds. The court must also consider the potential for a partition in kind, which would involve the physical division of the property into two separate parcels. The court must also consider the potential for a partition by sale, which would involve the sale of the property and the division of the proceeds. Finally, the court must consider the potential for a partition by exchange, which would involve the exchange of the property for other real property of equal value.
Contact an Experienced Partition Attorney in La Crescenta-Montrose, 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 (818) 900-7700 or fill out a contact form online.
