Partition Actions in Buena Park
Buena Park is a city located in northern Orange County, California. It is bordered by the cities of Anaheim, Cypress, La Palma, and Stanton. The city is home to several attractions, including Knott’s Berry Farm, Soak City, Medieval Times, and the Movieland Wax Museum. It is also home to the Buena Park Mall, which features a variety of stores and restaurants. The city is known for its diverse population and its many parks and recreational facilities. Buena Park is a great place to live, work, and play.
According to Zillow, the median home value in Buena Park, California is $619,400. As of 2020, the population of the California area of Buena Park is 81,837.
Experienced Real Estate Partition Action Attorneys Serving Buena Park
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 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 will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- 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 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.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- 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.
In re Marriage of Hattis – Partition Action Case Study
In the legal case of In re Marriage of Hattis, 196 Cal.App.3d 1162 (1987), the issue of partition was at the center of the dispute. The court was tasked with determining whether the husband or wife had the right to partition the community property. The husband argued that he had the right to partition the property, while the wife argued that the property was not subject to partition. The court ultimately held that the husband had the right to partition the property, but that the wife had the right to receive her share of the proceeds from the sale of the property. The court also held that the wife was entitled to an equal share of the proceeds from the sale of the property, regardless of whether the husband or wife was the one who initiated the partition. The court also held that the wife was entitled to an equal share of the proceeds from the sale of the property, regardless of whether the husband or wife was the one who initiated the partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Buena Park 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.
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800