Experienced Partition Attorneys Serving Anaheim
Talkov Law’s attorneys serving Orange County are exceptionally experienced in the area of California partition actions. 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can a partition action be stopped? 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.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- 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.
- 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
Speak to Our Anaheim Partition Attorneys Today
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Call us at (714) 333-3300
Partition Actions in Anaheim
Partitions are quite common in Anaheim. According to Zillow, the median home value in Anaheim, California is $637,400 as of 2021. As of 2020, the population of the Anaheim area of California is 352,005.
Anaheim is a city located in Orange County, California. It is the tenth most populous city in the state and is home to the world-famous Disneyland Resort. Anaheim is known for its vibrant culture, diverse neighborhoods, and thriving economy. The city is home to a variety of attractions, including the Anaheim Convention Center, Angel Stadium, and the Honda Center. Anaheim is also home to a number of professional sports teams, including the Anaheim Ducks of the NHL and the Los Angeles Angels of Major League Baseball. The city is also home to a number of museums, galleries, and other cultural attractions. Anaheim is a great place to live, work, and play.
Borgerding v. Mumolo – Partition Action Case Study
In the legal case of Borgerding v. Mumolo, 153 Cal.App.2d 821 (1957), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Borgerding, sought to partition the property, while the defendant, Mumolo, argued that partition was not necessary because the property was held in joint tenancy. The court ultimately held that partition was necessary, as the joint tenancy had been severed by the death of one of the co-owners. The court also held that the partition should be made in accordance with the wishes of the deceased co-owner, as expressed in her will. The court further held that the partition should be made in such a way as to ensure that each co-owner received an equal share of the property.
Contact our Team of Experienced Partition Lawyers Serving the City of Anaheim in the County of Orange, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (714) 333-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Anaheim, California serve Orange County and surrounding areas including Fullerton, Buena Park, Garden Grove, Orange, Santa Ana, Irvine, Tustin, Yorba Linda.