Talkov Law’s attorneys serving Orange County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not feasible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- 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.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
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.
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.
Frequently Asked Questions About Partitions in Laguna Niguel
How Much Does a Partition Action Cost in Laguna Niguel?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Laguna Niguel?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Laguna Niguel, 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 in Laguna Niguel?
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.
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 Partition Attorneys 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
