Partition Actions in Santa Ana
Santa Ana is a city located in Orange County, California. It is the second most populous city in the county and the 57th most populous city in the United States. Santa Ana is known for its vibrant downtown area, which is home to a variety of restaurants, shops, and entertainment venues. The city is also home to several museums, including the Bowers Museum of Cultural Art, the Santa Ana Zoo, and the Discovery Science Center. Santa Ana is also home to several parks, including Centennial Park, Santa Ana River Park, and Santiago Park. The city is also home to several universities, including Santa Ana College, Chapman University, and the University of California, Irvine.
According to Zillow, the median home value in Santa Ana, California is $637,400 as of 2021. As of 2020, the population of the Santa Ana area of California is estimated to be around 334,909 people.
Experienced Real Estate Partition Action Attorneys Serving Santa Ana
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 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.
- 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 potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- 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.
Speak to Our Santa Ana 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 (714) 888-7700 or contact us below to schedule a free, 15-minute consultation
Bradley v. Harkness – Partition Action Case Study
In the legal case of Bradley v. Harkness, 26 Cal. 69 (1864), the issue was whether a partition of real estate could be made without the consent of all the owners. The plaintiff, Bradley, owned a one-third interest in a piece of real estate with two other owners, Harkness and another individual. Harkness wanted to partition the property, but the other owner refused to consent. Bradley argued that the partition should be allowed without the consent of the other owner, while Harkness argued that the partition could not be made without the consent of all the owners. The court ultimately ruled in favor of Harkness, holding that a partition of real estate could not be made without the consent of all the owners.
Contact our Team of Experienced Partition Lawyers Serving the City of Santa Ana, County of Orange, California
Our Santa Ana partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 at (714) 888-7700 or contact us online today.
Talkov Law Orange County Office
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800
Our partition attorneys in Santa Ana also serve Tustin, Orange, Garden Grove, Anaheim, and Irvine