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. 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 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 to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- 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.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
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 the Orange County County in the County of Orange, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (949) 888-8800 or contact us online for a free consultation about your co-ownership issues.
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800