Talkov Law’s attorneys serving Orange County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys 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.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable. California Code of Civil Procedure 874.040. Indeed, the court may award reasonable attorneys fees incurred or paid by a party for the common benefit. California Code of Civil Procedure 874.010(a).
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
Aliso Viejo is a city located in the San Joaquin Hills of southern Orange County, California. It is a master-planned community, developed by the Mission Viejo Company in the late 1990s. The city is known for its beautiful parks, trails, and open spaces, as well as its excellent schools and safe neighborhoods. Aliso Viejo is home to a variety of businesses, including technology, medical, and financial companies. The city also offers a variety of recreational activities, including golf, tennis, swimming, and hiking. Aliso Viejo is a great place to live, work, and play.
Speak to Our Aliso Viejo Partition Attorneys Today
Call our Orange County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (949) 888-8800 or contact us below to schedule a free, 15-minute consultation
Nevarov v. Nevarov – Partition Action Case Study
In the legal case of Nevarov v. Nevarov, 133 Cal.App.2d 457 (1955), 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, the brother, wanted to partition the home so that each sibling could have their own separate residence. The defendant, the sister, argued that the home should remain undivided and that the brother should be allowed to live in the home as a tenant. The court ultimately ruled in favor of the plaintiff, finding that the brother was entitled to a partition of the home. The court also found that the sister had no right to remain in the home as a tenant, as she had not contributed to the purchase of the home or to its upkeep.
Frequently Asked Questions About Partitions in Aliso Viejo
How Much Does a Partition Action Cost in Aliso Viejo?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Aliso Viejo?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Aliso Viejo, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
Can a Partition Action Be Stopped in Aliso Viejo?
Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Aliso Viejo, County of Orange, California
Our Aliso Viejo partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law, call (949) 888-8800 or contact us online today.
Talkov Law Orange County Office
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800
