Experienced Partition Attorneys Serving Westminster
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:
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- 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.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
Speak to Our Westminster Partition Attorneys Today
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Partition Actions in Westminster
Partitions are quite common in Westminster. According to Zillow, the median home value in Westminster, Orange County, California is $637,400 as of 2021. As of the 2020 United States Census, the population of the California area of Westminster was 89,701.
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.
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Westminster 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.
Our partition attorneys in Westminster, California serve Orange County and surrounding areas including Garden Grove, Huntington Beach, Fountain Valley, Seal Beach, Cypress, Los Alamitos.