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 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 sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.

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

• 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.
• 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 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.
• 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.