Partition Actions in Costa Mesa
Costa Mesa is a city located in Orange County, California. It is situated in the heart of Southern California, just south of Los Angeles and north of San Diego. Costa Mesa is known for its vibrant culture, diverse population, and beautiful beaches. The city is home to a variety of attractions, including the South Coast Plaza shopping center, the Orange County Fairgrounds, and the Segerstrom Center for the Arts. Costa Mesa is also home to a number of universities, including Vanguard University, Orange Coast College, and the University of California, Irvine. Costa Mesa is a great place to live, work, and play, and is a popular destination for tourists and locals alike.
According to Zillow, the median home value in Costa Mesa, California is $817,400 as of 2021. As of 2020, the population of the Costa Mesa, California area is 112,844.
Experienced Real Estate Partition Action Attorneys Serving Costa Mesa
Talkov Law’s attorneys serving Orange County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- 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.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
Gardiner v. Cord – Partition Action Case Study
In the legal case of Gardiner v. Cord, 145 Cal. 157 (1904), the issue was whether a partition of real property could be made without the consent of all the owners. The case involved a dispute between two brothers, William and John Gardiner, over the partition of a piece of real property that they jointly owned. William wanted to partition the property, while John did not. The court held that a partition of real property could not be made without the consent of all the owners, and that William could not partition the property without John’s consent. This case established the principle that all owners of real property must agree to a partition before it can be legally enforced.
Contact our Team of Experienced Partition Lawyers Serving the City of Costa Mesa 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 (949) 888-8800 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