San Juan Capistrano Partition Lawyer

Partition Actions in San Juan Capistrano

San Juan Capistrano is a city located in Orange County, California. It is known for its historic Spanish colonial architecture, its mission, and its annual Swallows Day Parade. The city is home to the Mission San Juan Capistrano, a Spanish mission founded in 1776, and the nearby Los Rios Historic District, which is the oldest residential neighborhood in California. San Juan Capistrano is also home to a variety of outdoor activities, including hiking, biking, and horseback riding. The city is known for its mild climate and its proximity to the beach.

According to Zillow, the median home value in San Juan Capistrano, California is $817,400 as of 2021. As of the 2020 United States Census, the population of San Juan Capistrano was 36,846.

Experienced Real Estate Partition Action Attorneys Serving San Juan Capistrano

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:

  • 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.
  • What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
  • Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.

Speak to Our San Juan Capistrano 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

    Rowland v. Clark – Partition Action Case Study

    In the legal case of Rowland v. Clark, 91 Cal.App.2d 880 (1949), the issue was whether a partition of real property was valid. The plaintiffs, Rowland and his wife, owned a parcel of real property in joint tenancy with the defendant, Clark. The plaintiffs sought to partition the property, and the defendant objected, claiming that the partition would be inequitable and would cause him to suffer a financial loss. The court held that the partition was valid, but that the defendant was entitled to compensation for any financial loss he suffered as a result of the partition. The court also held that the defendant was entitled to a lien on the property to secure his compensation.

    Contact our Team of Experienced Partition Lawyers Serving the City of San Juan Capistrano, County of Orange, California

    Our San Juan Capistrano 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.

    Talkov Law Orange County Office

    4000 MacArthur Blvd Ste 655
    Newport Beach, CA 92660
    Phone: (949) 888-8800

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