Experienced Partition Attorneys Serving Fullerton
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 heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
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Partition Actions in Fullerton
Partitions are quite common in Fullerton. According to Zillow, the median home value in Fullerton, California is $717,400 as of 2021. As of 2020, the population of the California area of Fullerton is estimated to be 135,161.
Fullerton is a city located in northern Orange County, California. It is known for its vibrant downtown area, which is home to a variety of restaurants, shops, and entertainment venues. The city is also home to several universities, including California State University, Fullerton and Fullerton College. Fullerton is a great place to live, work, and play, with its close proximity to Los Angeles, Anaheim, and the Pacific Ocean. The city is also known for its excellent public schools, parks, and recreational activities.
Dunn v. Dunn – Partition Action Case Study
In the legal case of Dunn v. Dunn, 137 Cal. 51 (1902), the issue was whether a partition of property between two siblings was valid. The siblings had agreed to divide the property between them, but the court found that the partition was not valid because it was not done in accordance with the law. The court found that the partition was not done in a manner that was fair and equitable to both parties, and that the partition was not done in a way that would protect the interests of both parties. The court also found that the partition was not done in a way that would ensure that the property was divided in a way that would be beneficial to both parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Fullerton 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.
Our partition attorneys in Fullerton, California serve Orange County and surrounding areas including Anaheim, Brea, La Habra, Placentia, Buena Park, Yorba Linda, La Mirada, Santa Ana, Orange.