Talkov Law’s attorneys serving Orange County are exceptionally experienced in California partition actions and have conducted over 450 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 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:
- 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
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- 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.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
Lake Forest is a city located in Orange County, California. It is situated in the foothills of the Santa Ana Mountains and is bordered by Irvine, Mission Viejo, Laguna Hills, and Laguna Woods. The city is known for its beautiful parks, trails, and open spaces, as well as its excellent schools and vibrant downtown area. Lake Forest is home to a variety of businesses, including technology, medical, and financial companies. The city is also home to Saddleback College, a two-year community college. Lake Forest is a great place to live, work, and play, offering a variety of activities and amenities for residents and visitors alike.
Speak to Our Lake Forest 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
Home Security Building & Loan Ass’n v. Western Land & Title Co. – Partition Action Case Study
In the legal case of Home Security Building & Loan Ass’n v. Western Land & Title Co., 145 Cal. 217 (1904), the issue of partition was at the center of the dispute. The case involved a dispute between two companies over the ownership of a piece of real estate. The Home Security Building & Loan Association (HSBLA) claimed that it owned the property, while the Western Land & Title Company (WLTC) argued that it had a valid deed to the property. The court had to decide whether the deed was valid and, if so, whether the property should be partitioned between the two companies. The court ultimately held that the deed was valid and that the property should be partitioned between the two companies. The court also held that the partition should be made in accordance with the terms of the deed, which provided that the property should be divided into two equal parts. The court also held that the partition should be made in such a way that each company would have an equal share of the property.
Frequently Asked Questions About Partitions in Lake Forest
How Much Does a Partition Action Cost in Lake Forest?
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 Lake Forest?
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 Lake Forest, 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 Lake Forest?
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 Lake Forest, County of Orange, California
Our Lake Forest 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
Serving Areas Throughout California
Laguna Woods, Mission Viejo, Laguna Hills, Rancho Santa Margarita, Aliso Viejo, Foothill Ranch, and Portola Hills
