Partition Actions in Costa Mesa
Costa Mesa is a city located in Orange County, California. It is situated in the heart of Southern California, just south of Los Angeles and north of San Diego. Costa Mesa is known for its vibrant culture, diverse population, and beautiful beaches. The city is home to a variety of attractions, including the South Coast Plaza shopping center, the Orange County Fairgrounds, and the Segerstrom Center for the Arts. Costa Mesa is also home to a number of universities, including Vanguard University, Orange Coast College, and the University of California, Irvine. Costa Mesa is a great place to live, work, and play, and is a popular destination for tourists and locals alike.
According to Zillow, the median home value in Costa Mesa, California is $817,400 as of 2021. As of 2020, the population of the Costa Mesa, California area is 112,844.
Experienced Real Estate Partition Action Attorneys Serving Costa Mesa
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:
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- 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.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
Gardiner v. Cord – Partition Action Case Study
In the legal case of Gardiner v. Cord, 145 Cal. 157 (1904), the issue was whether a partition of real property could be made without the consent of all the owners. The case involved a dispute between two brothers, William and John Gardiner, over the partition of a piece of real property that they jointly owned. William wanted to partition the property, while John did not. The court held that a partition of real property could not be made without the consent of all the owners, and that William could not partition the property without John’s consent. This case established the principle that all owners of real property must agree to a partition before it can be legally enforced.
Contact our Team of Experienced Partition Lawyers Serving the City of Costa Mesa 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.