Partition Actions in Placentia
Placentia is a city located in northern Orange County, California. It is bordered by the cities of Fullerton, Anaheim, and Brea. The city is known for its small-town charm and friendly atmosphere. Placentia is home to several parks, including Tri-City Park, which features a lake, picnic areas, and a playground. The city also has a variety of shopping and dining options, as well as a vibrant nightlife. Placentia is a great place to live, work, and play.
According to Zillow, the median home value in Placentia, California is $637,400 as of 2021. As of the 2020 United States Census, the population of Placentia, California is 51,364.
Experienced Real Estate Partition Action Attorneys Serving Placentia
Talkov Law’s attorneys serving Orange County are exceptionally experienced in the area of California partition actions. 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 done 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:
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- 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.
Nelson v. Nevel – Partition Action Case Study
In the legal case of Nelson v. Nevel, 154 Cal.App.3d 132 (1984), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the dispute arose when one sibling wanted to sell the home and the other wanted to keep it. The court had to decide whether the siblings could partition the home, meaning that they would divide the home into two separate parts and each sibling would own one part. The court ultimately held that the siblings could not partition the home, as it would be too difficult to divide the home into two separate parts without causing significant damage to the property. The court also noted that the siblings had not agreed to a partition of the home, and that the partition would not be in the best interests of either sibling.
Contact our Team of Experienced Partition Lawyers Serving the City of Placentia 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