Brea Real Estate Partition Lawyer
Talkov Law’s attorneys serving Orange County are exceptionally experienced in California partition actions and have conducted over 470 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 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 feasible, 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:
- 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.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
Brea is a city located in Orange County, California. It is situated in the foothills of the Santa Ana Mountains, about 25 miles southeast of Los Angeles. Brea is known for its vibrant downtown area, which features a variety of shops, restaurants, and entertainment venues. The city is also home to several parks, including Carbon Canyon Regional Park and Brea Creek Park. Brea is a great place to live, work, and play, and is a popular destination for visitors from all over the world.
Speak to Our Brea 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 (714) 888-7700 or contact us below to schedule a free, 15-minute consultation
Pioneer Mill Co. v. Victoria Ward, Limited – Partition Action Case Study
In the legal case of Pioneer Mill Co. v. Victoria Ward, Limited, 158 F.2d 122 (1946), the issue of partition was at the center of the dispute. The case involved a dispute between two companies, Pioneer Mill Co. and Victoria Ward, Limited, over the ownership of a certain parcel of land. The land in question was owned by Pioneer Mill Co., but Victoria Ward, Limited had been granted a lease on the land. The dispute arose when Pioneer Mill Co. sought to partition the land, meaning that it wanted to divide the land into two separate parcels and sell one of them. Victoria Ward, Limited argued that the partition would interfere with its lease and that it should be allowed to purchase the entire parcel of land. The court ultimately ruled in favor of Pioneer Mill Co., finding that the partition would not interfere with Victoria Ward, Limited’s lease and that Pioneer Mill Co. had the right to partition the land.
Frequently Asked Questions About Partitions in Brea
How Much Does a Partition Action Cost in Brea?
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 Brea?
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 Brea, 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 Brea?
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 Brea, County of Orange, California
Our Brea 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 (714) 888-7700 or contact us online today.
Talkov Law Orange County Office
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800
