Aliso Viejo Partition Lawyer

Partition Actions in Aliso Viejo

Aliso Viejo is a city located in the San Joaquin Hills of southern Orange County, California. It is a master-planned community, developed by the Mission Viejo Company in the late 1990s. The city is known for its beautiful parks, trails, and open spaces, as well as its excellent schools and safe neighborhoods. Aliso Viejo is home to a variety of businesses, including technology, medical, and financial companies. The city also offers a variety of recreational activities, including golf, tennis, swimming, and hiking. Aliso Viejo is a great place to live, work, and play.

According to Zillow, the median home value in Aliso Viejo, California is $743,400 as of 2021. As of the 2020 United States Census, the population of Aliso Viejo, California was 50,912.

Experienced Real Estate Partition Action Attorneys Serving Aliso Viejo

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:

  • 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.
  • 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.
  • Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
  • Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property 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 Aliso Viejo 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 (949) 888-8800 or contact us below to schedule a free, 15-minute consultation

    Nevarov v. Nevarov – Partition Action Case Study

    In the legal case of Nevarov v. Nevarov, 133 Cal.App.2d 457 (1955), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family home. The siblings had inherited the home from their parents, and the plaintiff, the brother, wanted to partition the home so that each sibling could have their own separate residence. The defendant, the sister, argued that the home should remain undivided and that the brother should be allowed to live in the home as a tenant. The court ultimately ruled in favor of the plaintiff, finding that the brother was entitled to a partition of the home. The court also found that the sister had no right to remain in the home as a tenant, as she had not contributed to the purchase of the home or to its upkeep.

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

    Our Aliso Viejo 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, call (949) 888-8800 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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