Partition Actions in Mission Viejo
Mission Viejo is a city located in Orange County, California. It is situated in the Saddleback Valley, and is bordered by the cities of Lake Forest, Aliso Viejo, Laguna Niguel, Laguna Hills, and San Juan Capistrano. Mission Viejo is known for its master-planned communities, and is home to a variety of shopping centers, restaurants, and recreational activities. The city is also home to a number of parks, including Oso Viejo Park, which features a lake, picnic areas, and a playground. Mission Viejo is a popular destination for families, and is known for its safe and friendly atmosphere.
According to Zillow, the median home value in Mission Viejo, California is $717,400 as of 2021. As of the 2020 United States Census, the population of Mission Viejo, California was 96,817.
Experienced Real Estate Partition Action Attorneys Serving Mission Viejo
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 of the partition statutes is that it provides 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:
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- 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.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
Harper v. Superior Court in and for City and County of San Francisco – Partition Action Case Study
In the legal case of Harper v. Superior Court in and for City and County of San Francisco, 140 Cal.App. 5 (1934), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a piece of real property that had been inherited from their father. The siblings had agreed to partition the property, but the agreement was never formalized. The sister, Harper, sought to have the court partition the property, while the brother, Smith, argued that the court lacked jurisdiction to do so. The court ultimately held that the court did have jurisdiction to partition the property, but that the partition should be done in accordance with the agreement between the siblings. The court also held that the partition should be done in a manner that would be fair and equitable to both parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Mission 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.