Partition Actions in Cypress
Cypress is a city located in Orange County, California. It is situated in the northern part of the county, about 12 miles from the Pacific Ocean. Cypress is a suburban community known for its excellent schools, parks, and recreational facilities. Cypress is also home to a variety of shopping centers, restaurants, and entertainment venues. The city is also home to Cypress College, a two-year community college. Cypress is a great place to live, work, and play.
According to Zillow, the median home value in Cypress, California is $637,400 as of 2021. As of the 2020 United States Census, the population of the California area of Cypress was 47,802.
Experienced Real Estate Partition Action Attorneys Serving Cypress
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:
- 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.
- 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.
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
Speak to Our Cypress 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
Orien v. Lutz – Partition Action Case Study
In the legal case of Orien v. Lutz, 16 Cal.App.5th 957 (2017), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the siblings had agreed to partition the home, with one sibling taking the upstairs portion and the other taking the downstairs portion. However, the siblings had not been able to agree on the terms of the partition, and the dispute had gone to court. The court had to decide whether the partition should be done by physical division of the home, or by a sale of the home and a division of the proceeds. The court ultimately decided that the partition should be done by a sale of the home and a division of the proceeds.
Contact our Team of Experienced Partition Lawyers Serving the City of Cypress 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) 888-7700 or contact us online for a free consultation about your co-ownership issues.
Talkov Law Orange County Office
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800
Our partition attorneys in Cypress also serve Buena Park, Los Alamitos, La Palma, Stanton, and Anaheim.