Montebello Partition Lawyer

Montebello Co-Ownership Disputes

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

  • What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
  • 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.
  • 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.
  • 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.
  • 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.

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

Our Montebello Partition Attorneys Know Los Angeles County

Montebello is a city located in the southeastern region of Los Angeles County, California. It is bordered by the cities of Commerce, East Los Angeles, and Monterey Park. Montebello is home to a diverse population and is known for its vibrant culture and strong sense of community. The city is home to a variety of attractions, including the Montebello Town Center, a shopping mall, and the Montebello Golf Course. Montebello is also home to a number of parks, including Montebello City Park, which features a lake, picnic areas, and a playground. The city is served by the Montebello Unified School District, which includes several elementary, middle, and high schools.

Montebello, California was founded in 1920 by two real estate developers, John Strother Griffin and Walter P. Temple. The city was named after the Italian phrase for “beautiful mountain” and was originally intended to be a residential community. The city was incorporated in 1920 and has since grown to become a major suburb of Los Angeles. Montebello is home to a diverse population and is known for its vibrant culture and strong sense of community. The city is home to a number of attractions, including the Montebello Town Center, the Montebello Golf Course, and the Montebello City Hall.

Martin v. Baldwin – Partition Action Case Study

In the legal case of Martin v. Baldwin, 9 Sawy. 632 (1884), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings, Martin and Baldwin, over the partition of their father’s estate. Martin argued that the estate should be divided equally between the two siblings, while Baldwin argued that the estate should be divided according to the will of their father. The court ultimately ruled in favor of Baldwin, finding that the will of the father should be followed and that the estate should be divided according to the will. The court also found that Martin was not entitled to any additional compensation for his share of the estate. This case serves as an example of the difficulties that can arise when attempting to divide an estate among multiple parties.

Contact an Experienced Partition Attorney in Montebello, 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 Montebello 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 (562) 600-3300 or fill out a contact form online.

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