Westminster Partition Attorney

Q: How Much Does a Partition Action Cost in Westminster?

The costs of a partition action —including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000 . While some cases may incur fees as low as $5,000 or exceed $20,000 , depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.

Q: Who Can File a Partition Action in Westminster?

A partition action can be filed by any co-owner of a property , excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.

Talkov Law’s attorneys serving Orange County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.

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Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
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.
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.
What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
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.

Westminster is a city located in Orange County, California. It is bordered by the cities of Garden Grove, Huntington Beach, Seal Beach, and Midway City. The city is known for its diverse population and vibrant culture. Westminster is home to Little Saigon, the largest Vietnamese-American community in the United States. The city is also home to a variety of shopping centers, restaurants, and entertainment venues. Westminster is a great place to live, work, and play.

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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

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Heber v. Yaeger – Partition Action Case Study

In the legal case of Heber v. Yaeger, 251 Cal.App.2d 258 (1967), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Heber, sought to partition the property, while the defendant, Yaeger, argued that partition was not appropriate. The court ultimately held that partition was not appropriate in this case, as the property was not capable of being divided into two distinct parcels without causing substantial prejudice to either party. The court also noted that the parties had agreed to a joint tenancy, which meant that neither party had the right to partition the property without the consent of the other.

Frequently Asked Questions About Partitions in Westminster

How Long Does a Partition Action Take in Westminster?

Most Westminster partition actions are typically resolved in approximately 7 months, as most cases conclude with either a buyout or an agreed sale. However, the duration can vary, taking more or less time depending on the complexity of the case and the willingness of the parties to reach an agreement.

How Much Does a Partition Action Cost in Westminster?

The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.

Who Can File a Partition Action in Westminster?

A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.

Who Pays for a Partition Action?

In Westminster, 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).

Can a Partition Action Be Stopped in Westminster?

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.

Contact our Team of Experienced Partition Lawyers Serving the City of Westminster, County of Orange, California

Our Westminster partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys 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, call (714) 888-7700 or contact us online today.

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