Partition Action Attorneys in Mission Viejo
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.
Talkov Law’s attorneys serving Orange County are exceptionally experienced in California partition actions and have conducted over 370 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 possible, it may order the property to be sold and the proceeds divided among the co-owners.
Get a FREE Case Consultation TodayOur team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- 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.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
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 Los Angeles
How Long Does a Partition Action Take?
Most Los Angeles partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months depending on the complexity of the case.
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 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.
Get a FREE Case Consultation TodayTalkov Law Orange County Office
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800
Serving Areas Throughout California
Our partition attorneys in Mission Viejo also serve Laguna Niguel, Aliso Viejo, Lake Forest, Rancho Santa Margarita, San Juan Capistrano, Ladera Ranch, and Dana Point