Orange Partition Lawyer

Partition Action Attorneys 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.

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

• Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
• What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
• When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
• What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
• Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.