Laguna Niguel Partition Lawyer

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. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect is that these statutes provide a legal mechanism for co-owners to divide their property without having to go through the court system.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

• 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 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.
• What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
• 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.
• Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).