San Clemente Real Estate Partition Lawyer
Talkov Law’s attorneys serving Orange County are exceptionally experienced in California partition actions and have conducted over 470 for our satisfied clients. 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:
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- 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 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.
San Clemente is a coastal city in Orange County, California, located on the Pacific Ocean about halfway between Los Angeles and San Diego. It is known for its Mediterranean climate, its beautiful beaches, and its Spanish-style architecture. The city is home to a variety of attractions, including the San Clemente Pier, the San Clemente State Beach, and the San Clemente Historical Society. The city is also home to a number of restaurants, shops, and other businesses. San Clemente is a popular destination for tourists and locals alike, and is a great place to visit for a day or a weekend.
Speak to Our San Clemente 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 (949) 888-8800 or contact us below to schedule a free, 15-minute consultation
MacDonald v. Bernal – Partition Action Case Study
In the legal case of MacDonald v. Bernal, 34 Cal.App. 431 (1917), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real estate. The plaintiff, MacDonald, sought to partition the property, while the defendant, Bernal, argued that the property could not be partitioned because it was a single, indivisible parcel. The court ultimately held that the property could not be partitioned, as it was a single, indivisible parcel. The court reasoned that the property was not capable of being divided into two or more parts without prejudice to the rights of the parties, and thus, partition was not an available remedy.
Frequently Asked Questions About Partitions in San Clemente
How Much Does a Partition Action Cost in San Clemente?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in San Clemente?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In San Clemente, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
Can a Partition Action Be Stopped in San Clemente?
Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
Contact our Team of Experienced Partition Lawyers Serving the City of San Clemente, County of Orange, California
Our San Clemente partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law, call (949) 888-8800 or contact us online today.
Talkov Law Orange County Office
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800
