San Juan Capistrano Partition Lawyer

Partition Action Attorneys in San Juan Capistrano

San Juan Capistrano is a city located in Orange County, California. It is known for its historic Spanish colonial architecture, its mission, and its annual Swallows Day Parade. The city is home to the Mission San Juan Capistrano, a Spanish mission founded in 1776, and the nearby Los Rios Historic District, which is the oldest residential neighborhood in California. San Juan Capistrano is also home to a variety of outdoor activities, including hiking, biking, and horseback riding. The city is known for its mild climate and its proximity to the beach.

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.
• How does a partition action work in California?
• What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
• 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.
• 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.