Talkov Law’s attorneys serving Orange County are exceptionally experienced in California partition actions and have conducted over 400 partitions 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:
- 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.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- 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.
- How does a partition action work in California?
- 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.
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.
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.
Frequently Asked Questions About Partitions in Orange County
How Much Does a Partition Action Cost in Orange County?
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.
Who Can File a Partition Action in Orange County?
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.
Who Pays for a Partition Action?
In Orange County, 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).
Can a Partition Action Be Stopped in Orange County?
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 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 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
