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. 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 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:

• Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
• Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
• How long does a partition action take in California?” Most 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.
• 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.
• 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.