Fountain Valley Partition Lawyer

Partition Actions in Fountain Valley

Fountain Valley is a city located in Orange County, California. It is situated in the center of the county, between Huntington Beach and Santa Ana. The city is known for its large parks, excellent schools, and its close proximity to the beach. It is a great place to live for families, with plenty of activities and amenities to enjoy. The city is also home to Mile Square Regional Park, which offers a variety of recreational activities, including golf, tennis, and a lake. Fountain Valley is a great place to live, work, and play.

According to Zillow, the median home value in Fountain Valley, California is $735,000 as of 2021. As of the 2020 United States Census, the population of Fountain Valley, California was 56,912.

Experienced Real Estate Partition Action Attorneys Serving Fountain Valley

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:

  • Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
  • Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
  • What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
  • How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
  • What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.

Speak to Our Fountain Valley 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

    Miranda v. Miranda – Partition Action Case Study

    In the legal case of Miranda v. Miranda, 81 Cal.App.2d 61 (1947), the issue was whether a partition of real property between two siblings was valid. The siblings had agreed to a partition of the property, but the court found that the partition was invalid because it was not done in accordance with the law. The court found that the partition was not done in a manner that would ensure that each sibling received an equal share of the property, and that the partition was not done in a manner that would protect the interests of the other siblings. The court also found that the partition was not done in a manner that would protect the interests of creditors. The court ultimately held that the partition was invalid and that the siblings would have to enter into a new agreement in order to divide the property in a manner that was fair and equitable.

    Contact our Team of Experienced Partition Lawyers Serving the City of Fountain Valley, County of Orange, California

    Our Fountain Valley partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 at (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

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