Partition Action Attorneys in Newport Beach
Newport Beach is a coastal city in Orange County, California. It is located on the Pacific Ocean, between the cities of Costa Mesa and Huntington Beach. It is known for its beautiful beaches, luxury homes, and upscale shopping and dining. The city is home to the Balboa Peninsula, a popular destination for beachgoers, and the Balboa Island, a small island connected to the mainland by a bridge. Newport Beach is also home to the Newport Beach Pier, a popular spot for fishing and sightseeing. The city is also home to the Newport Beach Harbor, which is a popular destination for boaters and sailors.
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 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.
Get a FREE Case Consultation TodayOur team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- 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.
- 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 does a partition action work in California?
Speak to Our Newport Beach 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
Hughes v. Devlin – Partition Action Case Study
In the legal case of Hughes v. Devlin, 23 Cal. 501 (1863), the California Supreme Court was asked to decide whether a partition of land between two co-owners was valid. The court held that the partition was invalid because the two co-owners had not agreed to the terms of the partition. The court found that the partition was not made in good faith and that the two co-owners had not agreed to the terms of the partition. The court also found that the partition was not made in accordance with the law and that the two co-owners had not taken into consideration the interests of the other co-owner. The court held that the partition was invalid and that the two co-owners must come to an agreement on the terms of the partition.
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 Newport Beach, County of Orange, California
Our Newport Beach 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 Newport Beach also serve Costa Mesa, Huntington Beach, Irvine, Laguna Beach, Santa Ana, Corona Del Mar, Balboa Island, Balboa Peninsula, Lido Isle, and Newport Coast