Partition Actions in Laguna Niguel
Laguna Niguel is a city located in Orange County, California. It is situated in the San Joaquin Hills, and is bordered by the cities of Aliso Viejo, Dana Point, Laguna Beach, Mission Viejo, and San Juan Capistrano. The city is known for its rolling hills, coastal views, and its many parks and trails. It is home to a variety of shopping centers, restaurants, and entertainment venues. Laguna Niguel is also home to the Laguna Niguel Regional Park, which features a lake, picnic areas, and a variety of recreational activities. The city is a popular destination for outdoor enthusiasts, and is a great place to explore the natural beauty of Southern California.
According to Zillow, the median home value in Laguna Niguel, California is $817,400 as of 2021. The population of Laguna Niguel, California is 65,945.
Experienced Real Estate Partition Action Attorneys Serving Laguna Niguel
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:
- How does a partition action work in California?
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- 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.
Speak to Our Laguna Niguel 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 (949) 888-8800 or contact us below to schedule a free, 15-minute consultation
Lin v. Jeng – Partition Action Case Study
In the legal case of Lin v. Jeng, 203 Cal.App.4th 1008 (2012), the issue was whether a partition action could be brought to divide a single family residence owned by two siblings. The siblings had inherited the property from their parents, and had been living in the residence together for many years. The court held that a partition action could not be brought because the siblings had not established that the property was held in joint tenancy or tenancy in common. The court found that the siblings had not provided sufficient evidence to show that the property was held in either of these forms of ownership, and thus the partition action could not be brought. The court also noted that the siblings had not provided any evidence to show that the property was held in a form of ownership that would allow for a partition action.
Contact our Team of Experienced Partition Lawyers Serving the City of Laguna Niguel, County of Orange, California
Our Laguna Niguel partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 (949) 888-8800 or contact us online today.
Talkov Law Orange County Office
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800
Our partition attorneys in Laguna Niguel also serve Aliso Viejo, Dana Point, Laguna Beach, Laguna Hills, Laguna Woods, Mission Viejo, and San Juan Capistrano