Newport Beach Partition Lawyer

Partition Actions 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.

According to Zillow, the median home value in Newport Beach, California is $2,092,400. As of 2020, the population of Newport Beach, California is estimated to be 86,252.

Experienced Real Estate Partition Action Attorneys Serving Newport Beach

Talkov Law’s attorneys serving Orange County are exceptionally experienced in the area of California partition actions. 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.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

• 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.
• 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.
• What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
• How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
• How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.