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. 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- What is a partition action and when is it necessary?
- 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.
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 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