Partition Actions in La Habra
La Habra is a city located in the northwestern corner of Orange County, California. It is bordered by the cities of La Mirada, Brea, and Fullerton. The city is known for its small-town charm and friendly atmosphere. La Habra is home to a variety of attractions, including the Children’s Museum at La Habra, La Habra Marketplace, and La Habra Staging Area. The city also offers a variety of outdoor activities, such as hiking, biking, and golfing. La Habra is a great place to live, work, and play.
According to Zillow, the median home value in La Habra, California is $541,400 as of 2021. As of the 2020 United States Census, the population of La Habra, California was 61,639.
Experienced Real Estate Partition Action Attorneys Serving La Habra
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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- Who pays for a partition action? In California, 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).
- 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.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
Matter of Estate of De Castro v. Barry – Partition Action Case Study
In the legal case of Matter of Estate of De Castro v. Barry, 18 Cal. 96 (1861), the issue was whether a partition of real estate should be made between the heirs of the deceased. The court held that the partition should be made, as the heirs had a right to the property and the partition would be beneficial to all parties. The court also noted that the partition should be made in a manner that would be fair and equitable to all parties, and that the partition should be made in a way that would not cause any unnecessary hardship or prejudice to any of the parties. The court also noted that the partition should be made in a way that would not cause any unnecessary delay or expense.
Contact our Team of Experienced Partition Lawyers Serving the City of La Habra 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 (562) 600-3300 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