Experienced Partition 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:
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
- 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.
Speak to Our Orange Partition Attorneys Today
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Call us at (714) 333-3300
Partition Actions in Orange
Partitions are quite common in Orange. 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.
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.
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) 333-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Orange, California serve Orange County and surrounding areas including Anaheim, Santa Ana, Tustin, Irvine, Fullerton, Garden Grove, Costa Mesa, Newport Beach.