Partition Actions in Laguna Niguel
Laguna Niguel is a city located in Orange County, California. It is situated in the San Joaquin Hills, and is bordered by the cities of Aliso Viejo, Dana Point, Laguna Beach, Mission Viejo, and San Juan Capistrano. The city is known for its rolling hills, coastal views, and its many parks and trails. It is home to a variety of shopping centers, restaurants, and entertainment venues. Laguna Niguel is also home to the Laguna Niguel Regional Park, which features a lake, picnic areas, and a variety of recreational activities. The city is a popular destination for outdoor enthusiasts, and is a great place to explore the natural beauty of Southern California.
According to Zillow, the median home value in Laguna Niguel, California is $817,400 as of 2021. As of the 2020 United States Census, the population of Laguna Niguel, California was 65,945.
Experienced Real Estate Partition Action Attorneys Serving Laguna Niguel
Talkov Law’s attorneys serving Orange County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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 heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- 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.
- 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.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
Speak to Our Laguna Niguel 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
Lin v. Jeng – Partition Action Case Study
In the legal case of Lin v. Jeng, 203 Cal.App.4th 1008 (2012), the issue was whether a partition action could be brought to divide a single family residence owned by two siblings. The siblings had inherited the property from their parents, and had been living in the residence together for many years. The court held that a partition action could not be brought because the siblings had not established that the property was held in joint tenancy or tenancy in common. The court found that the siblings had not provided sufficient evidence to show that the property was held in either of these forms of ownership, and thus the partition action could not be brought. The court also noted that the siblings had not provided any evidence to show that the property was held in a form of ownership that would allow for a partition action.
Contact our Team of Experienced Partition Lawyers Serving the City of Laguna Niguel 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.
Talkov Law Orange County Office
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800
Our partition attorneys in Laguna Niguel also serve Dana Point, San Juan Capistrano, Aliso Viejo, Mission Viejo, and Laguna Beach.