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Dana Point Partition Lawyer

Partition Actions in Dana Point

Dana Point is a city located in southern Orange County, California. It is situated along the coast of the Pacific Ocean, and is known for its beautiful beaches, stunning views, and a variety of outdoor activities. The city is home to a number of popular attractions, including the Dana Point Harbor, Doheny State Beach, and the Ocean Institute. Dana Point is also known for its vibrant nightlife, with a variety of bars, restaurants, and clubs. The city is a popular destination for tourists, and is home to a number of luxury resorts and hotels.

According to Zillow, the median home value in Dana Point, California is $1,072,400 as of 2021. As of the 2020 United States Census, the population of Dana Point, California was 33,351.

Experienced Real Estate Partition Action Attorneys Serving Dana Point

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:

  • 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.
  • How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
  • How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
  • 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 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 Dana Point 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 (949) 888-8800 or contact us below to schedule a free, 15-minute consultation

    Schwartz v. Shapiro – Partition Action Case Study

    In the legal case of Schwartz v. Shapiro, 229 Cal.App.2d 238 (1964), the issue was whether a partition action could be maintained by a tenant in common against the other tenant in common. The plaintiff, Schwartz, owned a one-half interest in a parcel of real property with the defendant, Shapiro, owning the other one-half interest. Schwartz sought to partition the property, but Shapiro argued that a partition action could not be maintained because the property was held in joint tenancy. The court held that a partition action could be maintained by a tenant in common against the other tenant in common, and that the joint tenancy was converted into a tenancy in common when the joint tenancy was severed by the death of one of the joint tenants. The court also held that the partition action was not barred by the statute of limitations because the action was brought within the statutory period after the joint tenancy was severed.

    Contact our Team of Experienced Partition Lawyers Serving the City of Dana Point 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.

    Talkov Law Orange County Office

    4000 MacArthur Blvd Ste 655
    Newport Beach, CA 92660
    Phone: (949) 888-8800

    Our partition attorneys in Dana Point also serve Laguna Niguel, San Juan Capistrano, San Clemente, and Laguna Beach.

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