Experienced Partition 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:
- Can a partition action be stopped? 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.
- 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.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- 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.
Speak to Our Huntington Beach Partition Attorneys Today
End your co-ownership in Orange County today. You don’t pay until the house is sold!
Call us at (714) 333-3300
Partition Actions in Huntington Beach
Partitions are quite common in Huntington Beach. 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.
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.
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.
Our partition attorneys in Huntington Beach, California serve Orange County and surrounding areas including Newport Beach, Costa Mesa, Westminster, Fountain Valley, Seal Beach, Long Beach.
