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 allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- 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.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- 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.
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.
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800