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. 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 also provide a way for co-owners to force the sale of the property if they cannot agree on how to divide it. The partition statutes also set out the procedures for the sale of the property and how the proceeds of the sale will be divided among the co-owners. The partition statutes also provide for the payment of costs associated with the sale of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- Who pays for a partition action? In California, 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).
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- 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.
- Can a partition action be stopped? 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.
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 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