Orange County Partition Lawyer

Partition Actions in Orange County

Orange County is a county located in the Los Angeles metropolitan area in the U.S. state of California. As of the 2010 census, the population was 3,010,232, making it the third-most populous county in California, the sixth-most populous in the United States, and more populous than 21 U.S. states. Its county seat is Santa Ana. It is the second most densely populated county in the state, behind San Francisco County. The county’s four largest cities by population, Santa Ana, Anaheim, Irvine, and Huntington Beach, each have a population exceeding 200,000. Several of Orange County’s cities are on the Pacific Ocean western coast, including Huntington Beach, Newport Beach, Laguna Beach, Dana Point, and San Clemente. Orange County is known for its affluence and political conservatism. In 2019, Forbes listed nine of the county’s cities as being among America’s most expensive, with the most expensive, Laguna Beach, being ranked at number 15 nationwide. Three of the top ten cities in California with the highest median household income are located in Orange County: Irvine, Newport Beach, and Laguna Niguel. It is also home to several well-known educational institutions, such as the University of California, Irvine, Chapman University, and Soka University of America.

According to Zillow, the median home value in Orange County, California is $717,400 as of 2021. As of July 2020, the population of Orange County, California is 3,190,232.

Experienced Real Estate Partition Action Attorneys Serving Orange County

Talkov Law’s attorneys serving Orange County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.

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

  • What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
  • 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.
  • What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
  • Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
  • Can a partition action be stopped? 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.

Speak to Our Orange County 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

    Adams v. Hopkins – Partition Action Case Study

    In the legal case of Adams v. Hopkins, 144 Cal. 19 (1904), the California Supreme Court was asked to decide whether a partition of real property was valid. The case involved a dispute between two siblings, Adams and Hopkins, over the partition of a parcel of land that had been inherited from their father. Adams argued that the partition was invalid because it was not made in accordance with the terms of the will, which stated that the land should be divided equally between the two siblings. Hopkins argued that the partition was valid because it was made in accordance with the terms of a deed that had been executed by their father prior to his death. The court ultimately held that the partition was valid, finding that the deed was a valid contract and that it superseded the terms of the will. The court also noted that the partition was made in good faith and that it was in the best interests of both parties.

    Contact our Team of Experienced Partition Lawyers Serving Orange County, California

    Our Orange County 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.

    Talkov Law Orange County Office

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

    Talkov Law is Rated 5 out of 5 stars based on 103 customer reviews.

    Contact Us Today for a Free Consultation & Pay No Retainer

    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down







        Awards and Recognition

        US News and World Report Scott Talkov

        We Have Been Featured On:

        The Real Deal

        Offices Throughout California

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

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

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

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

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

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

        Sacramento Office
        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.