Partition Actions in Orange
Orange is a city located in Orange County, California. It is approximately 3 miles (4.8 km) north of the county seat, Santa Ana. Orange is known for its historic old town district, which features a variety of shops, restaurants, and entertainment venues. The city is also home to Chapman University, a private university with a diverse student body. Orange is a great place to live, work, and play, with plenty of outdoor activities, cultural attractions, and a vibrant nightlife.
According to Zillow, the median home value in Orange, California is $717,400 as of 2021. As of July 2020, the population of the Orange area of California was 3,183,040.
Experienced Real Estate Partition Action Attorneys Serving Orange
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:
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- 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 I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- How does a partition action work in California?
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
Speak to Our Orange 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 (714) 888-7700 or contact us below to schedule a free, 15-minute consultation
Dubois v. Hepburn – Partition Action Case Study
In the legal case of Dubois v. Hepburn, 35 U.S. 1 (1836), the Supreme Court of the United States was asked to decide a dispute over the partition of land. The dispute arose when two individuals, Dubois and Hepburn, owned a tract of land in common. Dubois wanted to partition the land, while Hepburn wanted to keep it as a single tract. The Court had to decide whether the partition should be allowed, and if so, how it should be done. The Court ultimately held that the partition should be allowed, but that it should be done in a way that would be fair to both parties. The Court also held that the partition should be done in a way that would not cause unnecessary hardship to either party.
Contact our Team of Experienced Partition Lawyers Serving the City of Orange 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 (714) 888-7700 or contact us online for a free consultation about your co-ownership issues.
Talkov Law Orange County Office
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800
Our partition attorneys in Orange also serve Villa Park, Anaheim Hills, Tustin, Santa Ana, and Anaheim.