Partition Actions in Irvine
Irvine is a city located in Orange County, California and is the second-largest city in the county. Irvine is known for its high quality of life, excellent schools, and diverse population. The city is home to the University of California, Irvine, as well as several other colleges and universities. Irvine is also home to many corporate headquarters, including those of Allergan, Blizzard Entertainment, and Broadcom. The city is known for its many parks and trails, as well as its vibrant arts and culture scene. Irvine is a great place to live, work, and play.
According to Zillow, the median home value in Irvine, California is $845,000 as of 2021. As of 2020, the population of the California area of Irvine is 282,572.
Experienced Real Estate Partition Action Attorneys Serving Irvine
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 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.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- 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.
- 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 a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
Briges v. Sperry – Partition Action Case Study
In the legal case of Briges v. Sperry, 95 U.S. 401 (1877), the issue was whether a partition of real estate could be made without the consent of all the owners. The case involved a dispute between two brothers, William and John Sperry, over the partition of their father’s real estate. William wanted to partition the land, while John objected. The court held that a partition of real estate could not be made without the consent of all the owners, and that William’s attempt to partition the land without John’s consent was invalid. The court also held that the partition could not be made without the approval of the court. This case established the principle that all owners must agree to a partition of real estate before it can be legally enforced.
Contact our Team of Experienced Partition Lawyers Serving the City of Irvine 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 (949) 888-8800 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