Huntington Beach Partition Lawyer

Huntington Beach Partition Lawyer

Talkov Law’s attorneys serving Orange County are exceptionally experienced in California partition actions and have conducted over 450 partitions for our satisfied clients. 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
  • Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
  • 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.
  • Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
  • 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.

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.

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.

    Frequently Asked Questions About Partitions in Huntington Beach

    The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.

    A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.

    In Huntington Beach, 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).

    Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.

    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 Partition Attorneys 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, call (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

    Talkov Law is Rated 5 out of 5 stars based on 169 reviews

    Contact Us Today for a Free Consultation & Pay No Retainer

    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down







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        Offices Throughout California

        Los Angeles Partition Attorneys
        10880 Wilshire Blvd Ste 1101
        Los Angeles, CA 90024
        Phone: (310) 496-3300

        Orange County Partition Attorneys
        4000 MacArthur Blvd Ste 655
        Newport Beach, CA 92660
        Phone: (949) 888-8800

        San Jose Partition Attorneys
        99 S. Almaden Blvd Suite 600
        San Jose, CA 95113
        Phone: (408) 777-6800

        San Diego Partition Attorneys
        11622 El Camino Real Ste 100
        San Diego, CA 92130
        Phone: (858) 800-3300

        San Francisco Partition Attorneys
        50 California St, Ste 1500
        San Francisco, CA 94111
        Phone: (415) 966-3300

        Riverside Partition Attorneys
        3610 Central Ave, Ste 400
        Riverside, CA 92506
        Phone: (951) 888-3300

        Sacramento Partition Attorneys
        500 Capitol Mall, Suite 2350
        Sacramento, CA 95814
        Phone: (916) 668-3300

        The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.