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:
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
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 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