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 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.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- 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.
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 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 (949) 888-8800 or contact us online for a free consultation about your co-ownership issues.