Lawndale Partition Lawyer

Understanding Co-Ownership in Los Angeles County

Our team of partition attorneys in Los Angeles can assist co-owners with frequently asked questions about partitions, such as:

  • Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
  • 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.
  • Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
  • What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.

Partition Attorney in Lawndale, California - Los Angeles County Partition Lawyer

Our Lawndale Partition Attorneys Know Los Angeles County

Lawndale is a city located in Los Angeles County, California. It is located in the South Bay region of the Greater Los Angeles Area, and is bordered by the cities of Hawthorne, Torrance, and Redondo Beach. Lawndale is a relatively small city and is known for its quiet residential neighborhoods, and is home to many families and young professionals. Lawndale is also home to a number of parks and recreational facilities, including the Lawndale Community Center, which offers a variety of activities for residents. The city is also home to a number of businesses, including a number of automotive repair shops, restaurants, and retail stores.

Lawndale, California was founded in 1905 by Charles B. Hopper, a real estate developer from Chicago. The city was originally named “Nolan” after Hopper’s wife, but was changed to Lawndale in 1917. The city was incorporated in 1959 and has since grown to a population of over 32,000. Lawndale is known for its diverse population, its proximity to Los Angeles, and its strong sense of community. The city is home to a number of parks, schools, and businesses, and is a popular destination for visitors and residents alike.

Scott v. Staggs – Partition Action Case Study

In the legal case of Scott v. Staggs, 129 Cal.App.2d 54 (1954), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family home. The siblings had inherited the home from their parents, and the plaintiff, Scott, wanted to partition the home so that each sibling could have their own separate residence. The defendant, Staggs, argued that the home should remain undivided, as it had been for many years. The court ultimately ruled in favor of Scott, finding that partition was the appropriate remedy in the case. The court noted that partition was the only way to ensure that each sibling had an equal share of the property and that the home could not remain undivided.

Contact an Experienced Partition Attorney in Lawndale, 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 Lawndale 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 (310) 496-3300 or fill out a contact form online.

Contact us Today for a Free Consultation with a Partition Attorney in Lawndale, California