Orange County Partition Lawyer

Partition Action Attorneys in Orange County

Los Angeles, the largest city in California and second-largest in the U.S., is located on the Southern California coast. Known for its Mediterranean climate and vibrant entertainment industry, the city also boasts iconic landmarks like the Hollywood Sign and Griffith Observatory.

As a major center for business, finance, and education, Los Angeles thrives culturally, yet its housing market faces significant challenges amidst rising property values and limited supply.

Rising property values, a limited housing supply, and ever-growing demand have created a complex real estate environment. These factors make property ownership disputes increasingly common, underscoring the importance of legal strategies like partition actions to ensure fair resolutions for co-owners navigating Los Angeles’ competitive and evolving housing market.According to Zillow’s Home Value Index, as of mid-2024, the average home price in Los Angeles is around $956,844, reflecting a 4.7% year-over-year increase.

Talkov Law’s attorneys serving Orange County are exceptionally experienced in California partition actions and have conducted over 370 successful partitions for our satisfied clients. 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.