Westminster Partition Lawyer

Partition Actions in Westminster

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.

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.

Experienced Real Estate Partition Action 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.

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

  • Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
  • 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 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.
  • 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 happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.

Speak to Our Westminster Partition Attorneys Today

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

    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, 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 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 at (714) 888-7700 or contact us online today.

    Talkov Law Orange County Office

    4000 MacArthur Blvd Ste 655
    Newport Beach, CA 92660
    Phone: (949) 888-8800

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