Partition Actions in Fullerton
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.
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.
Experienced Real Estate Partition Action 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:
- What is a partition action and when is it necessary?
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
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.
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800