Huntington Beach Partition Lawyer

Partition Actions in Huntington Beach

Huntington Beach is a coastal city in Orange County, California. It is known for its long, sandy beaches, surfing, and its pier, which stretches 1,850 feet into the Pacific Ocean. The city is also home to the International Surfing Museum, which celebrates the sport of surfing and its culture. Huntington Beach is a popular destination for tourists, with its many restaurants, shops, and attractions. It is also home to the US Open of Surfing, an annual surfing competition. With its mild climate and beautiful beaches, Huntington Beach is a great place to visit year-round.

According to Zillow, the median home value in Huntington Beach, California is $845,000 as of 2021. As of 2020, the population of the California area of Huntington Beach is 201,052.

Experienced Real Estate Partition Action Attorneys Serving Huntington Beach

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 referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
  • 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.
  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
  • What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
  • How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.

Speak to Our Huntington Beach 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

    Christy v. Spring Valley Waterworks – Partition Action Case Study

    In the legal case of Christy v. Spring Valley Waterworks, 97 Cal. 21 (1892), the California Supreme Court was asked to decide whether a partition of a waterworks system was permissible. The case involved a dispute between two shareholders of the Spring Valley Waterworks Company, who each owned a one-half interest in the company. The plaintiff, Christy, wanted to partition the waterworks system, while the defendant, Spring Valley Waterworks Company, argued that such a partition would be impossible and would destroy the value of the company. The court ultimately held that a partition of the waterworks system was not permissible, as it would destroy the value of the company and would be contrary to the interests of the other shareholders. The court also noted that the waterworks system was a single, indivisible unit, and that any attempt to divide it would be contrary to the interests of the other shareholders.

    Contact our Team of Experienced Partition Lawyers Serving the City of Huntington Beach, County of Orange, California

    Our Huntington Beach 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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