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:
- 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 I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- 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.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
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.
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800