Mission Viejo Partition Attorney

Mission Viejo Partition Attorney

Mission Viejo Real Estate Partition Lawyer

Talkov Law’s attorneys serving Orange County are exceptionally experienced in California partition actions and have conducted over 470 for our satisfied clients. 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:

Mission Viejo is a city located in Orange County, California. It is situated in the Saddleback Valley, and is bordered by the cities of Lake Forest, Aliso Viejo, Laguna Niguel, Laguna Hills, and San Juan Capistrano. Mission Viejo is known for its master-planned communities, and is home to a variety of shopping centers, restaurants, and recreational activities. The city is also home to a number of parks, including Oso Viejo Park, which features a lake, picnic areas, and a playground. Mission Viejo is a popular destination for families, and is known for its safe and friendly atmosphere.

Speak to Our Mission Viejo 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


    Harper v. Superior Court in and for City and County of San Francisco – Partition Action Case Study

    In the legal case of Harper v. Superior Court in and for City and County of San Francisco, 140 Cal.App. 5 (1934), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a piece of real property that had been inherited from their father. The siblings had agreed to partition the property, but the agreement was never formalized. The sister, Harper, sought to have the court partition the property, while the brother, Smith, argued that the court lacked jurisdiction to do so. The court ultimately held that the court did have jurisdiction to partition the property, but that the partition should be done in accordance with the agreement between the siblings. The court also held that the partition should be done in a manner that would be fair and equitable to both parties.

    Frequently Asked Questions About Partitions in Mission Viejo

    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.

    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.

    In Mission Viejo, 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).

    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 Mission Viejo, County of Orange, California

    Our Mission Viejo 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

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        Offices Throughout California

        Los Angeles Partition Attorneys
        10880 Wilshire Blvd Ste 1101
        Los Angeles, CA 90024
        Phone: (310) 496-3300

        Orange County Partition Attorneys
        4000 MacArthur Blvd Ste 655
        Newport Beach, CA 92660
        Phone: (949) 888-8800

        San Jose Partition Attorneys
        99 S. Almaden Blvd Suite 600
        San Jose, CA 95113
        Phone: (408) 777-6800

        San Diego Partition Attorneys
        11622 El Camino Real Ste 100
        San Diego, CA 92130
        Phone: (858) 800-3300

        San Francisco Partition Attorneys
        50 California St, Ste 1500
        San Francisco, CA 94111
        Phone: (415) 966-3300

        Riverside Partition Attorneys
        3610 Central Ave, Ste 400
        Riverside, CA 92506
        Phone: (951) 888-3300

        Sacramento Partition Attorneys
        500 Capitol Mall, Suite 2350
        Sacramento, CA 95814
        Phone: (916) 668-3300

        The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.