Experienced Partition Attorneys Serving Santa Ana
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 among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- 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 different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- 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.
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Partition Actions in Santa Ana
Partitions are quite common in Santa Ana. According to Zillow, the median home value in Santa Ana, California is $637,400 as of 2021. As of 2020, the population of the Santa Ana area of California is estimated to be around 334,909 people.
Santa Ana is a city located in Orange County, California. It is the second most populous city in the county and the 57th most populous city in the United States. Santa Ana is known for its vibrant downtown area, which is home to a variety of restaurants, shops, and entertainment venues. The city is also home to several museums, including the Bowers Museum of Cultural Art, the Santa Ana Zoo, and the Discovery Science Center. Santa Ana is also home to several parks, including Centennial Park, Santa Ana River Park, and Santiago Park. The city is also home to several universities, including Santa Ana College, Chapman University, and the University of California, Irvine.
Bradley v. Harkness – Partition Action Case Study
In the legal case of Bradley v. Harkness, 26 Cal. 69 (1864), the issue was whether a partition of real estate could be made without the consent of all the owners. The plaintiff, Bradley, owned a one-third interest in a piece of real estate with two other owners, Harkness and another individual. Harkness wanted to partition the property, but the other owner refused to consent. Bradley argued that the partition should be allowed without the consent of the other owner, while Harkness argued that the partition could not be made without the consent of all the owners. The court ultimately ruled in favor of Harkness, holding that a partition of real estate could not be made without the consent of all the owners.
Contact our Team of Experienced Partition Lawyers Serving the City of Santa Ana 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 (714) 333-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Santa Ana, California serve Orange County and surrounding areas including Tustin, Orange, Garden Grove, Anaheim, and Irvine.
