Partition Actions in Garden Grove
Garden Grove is a city located in Orange County, California. It is located in the Los Angeles metropolitan area and is bordered by the cities of Anaheim, Santa Ana, and Westminster. Garden Grove is known for its diverse population, its many parks and recreation areas, and its vibrant downtown area. The city is home to a variety of attractions, including the Crystal Cathedral, the Great Wolf Lodge, and the Garden Grove Strawberry Festival. Garden Grove is also home to a number of educational institutions, including the University of California, Irvine, and Chapman University.
According to Zillow, the median home value in Garden Grove, California is $637,400 as of 2021. As of 2020, the population of Garden Grove, California is estimated to be 175,140.
Experienced Real Estate Partition Action Attorneys Serving Garden Grove
Talkov Law’s attorneys serving Orange County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- 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.
- 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 types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- How does a partition action work in California?
Cosler v. Norwood – Partition Action Case Study
In the legal case of Cosler v. Norwood, 97 Cal.App.2d 665 (1950), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Cosler, sought to partition the property, while the defendant, Norwood, argued that partition was not appropriate. The court ultimately held that partition was not appropriate in this case, as the property was not capable of being divided into two distinct parcels without causing substantial injury to either party. The court also noted that the parties had agreed to a joint tenancy, which meant that neither party had the right to partition the property without the consent of the other.
Contact our Team of Experienced Partition Lawyers Serving the City of Garden Grove 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