Mission Viejo Partition Lawyer

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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. 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:

  • 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 to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
  • What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
  • 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.
  • 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.

Speak to Our Mission Viejo 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

    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, County of Orange, California

    Our Mission Viejo partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (949) 888-8800 or contact us online today.

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    Newport Beach, CA 92660
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        Los Angeles Office
        10880 Wilshire Blvd Ste 1101
        Los Angeles, CA 90024
        Phone: (310) 496-3300

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        Newport Beach, CA 92660
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