Partition Actions in Stanton
Stanton is a city located in Orange County, California. It is bordered by the cities of Cypress, Anaheim, and Garden Grove. The city is known for its small-town charm and is home to many parks, restaurants, and shopping centers. It is also home to the Stanton Central Park, which features a lake, playgrounds, and picnic areas. The city is also home to the Stanton Historical Museum, which showcases the history of the city and its people.
According to Zillow, the median home value in Stanton, California is $541,400 as of 2021. As of the 2020 United States Census, the population of Stanton, California is 38,186.
Experienced Real Estate Partition Action Attorneys Serving Stanton
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:
- 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 a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- 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.
- 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.
Richardson v. Loupe – Partition Action Case Study
In the legal case of Richardson v. Loupe, 80 Cal. 490 (1889), the issue was whether a partition of a piece of land was valid. The plaintiff, Richardson, had purchased a piece of land from the defendant, Loupe, and the deed included a clause that stated that the land could not be partitioned. Richardson then attempted to partition the land, and Loupe sued to prevent the partition. The court held that the clause in the deed was valid and that Richardson could not partition the land. This case established the principle that a deed can be used to prevent a partition of land, and that such a clause is enforceable.
Contact our Team of Experienced Partition Lawyers Serving the City of Stanton 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