Partition Actions in Tustin
Tustin is a city located in Orange County, California. It is bordered by the cities of Santa Ana, Irvine, and Orange. The city is known for its historic downtown area, which features a variety of shops, restaurants, and entertainment venues. The city is also home to several parks, including Tustin Sports Park, Tustin Ranch Golf Club, and Tustin Community Park. The city is also home to the Tustin Unified School District, which serves the city’s students. Tustin is a great place to live, work, and play, and is a great place to call home.
According to Zillow, the median home value in Tustin, California is $735,000 as of 2021. As of 2020, the population of the California area of Tustin is 81,837.
Experienced Real Estate Partition Action Attorneys Serving Tustin
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 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:
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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 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.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
In re Putnam’s Estate – Partition Action Case Study
In the legal case of In re Putnam’s Estate, 219 Cal. 608 (1933), is a legal case that deals with the issue of partition of property. The case involved a dispute between two siblings over the partition of their deceased father’s estate. The siblings had inherited the estate in equal shares, but one of the siblings wanted to partition the estate so that each sibling would receive a specific portion of the estate. The other sibling objected to the partition, arguing that the estate should remain undivided. The court ultimately ruled in favor of the sibling who wanted to partition the estate, finding that the partition was necessary to protect the interests of both siblings. The court also noted that the partition would not be detrimental to either sibling, as the estate was of equal value.
Contact our Team of Experienced Partition Lawyers Serving the City of Tustin 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
Our partition attorneys in Tustin also serve Tustin Foothills, Santa Ana, Orange, Irvine, Garden Grove, Costa Mesa, Fountain Valley, Anaheim, Placentia, Westminster, Yorba Linda, Lake Forest, Newport Beach, Fullerton, Stanton