Partition Actions in Seal Beach

Seal Beach is a small beach city located in Orange County, California. It is situated on the Pacific Ocean, just south of Long Beach and north of Huntington Beach. The city is known for its wide sandy beaches, quaint downtown area, and relaxed atmosphere. Seal Beach is home to the second-longest wooden pier in California, which is a popular spot for fishing, sightseeing, and enjoying the sunset. The city also features a variety of restaurants, shops, and other attractions. Seal Beach is a great place to visit for a day trip or a weekend getaway.

According to Zillow, the median home value in Seal Beach, California is $1,072,400 as of 2021. As of the 2020 United States Census, the population of Seal Beach, California was 24,168.

Experienced Real Estate Partition Action Attorneys Serving Seal Beach

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 a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
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.
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 is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.

Speak to Our Seal Beach 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 (562) 600-3300 or contact us below to schedule a free, 15-minute consultation

Walton v. Walton – Partition Action Case Study

In the legal case of Walton v. Walton, 59 Cal.App.2d 26 (1943), the issue was whether a partition of real property was proper. The plaintiff, Mrs. Walton, had inherited a parcel of real property from her father, and she and her husband, the defendant, had agreed to partition the property. The defendant argued that the partition was improper because it did not provide for an equal division of the property. The court held that the partition was proper, as it was based on the parties’ agreement and was not contrary to public policy. The court also noted that the partition did not necessarily have to be equal, as long as it was fair and equitable.

Contact our Team of Experienced Partition Lawyers Serving the City of Seal Beach 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 (562) 600-3300 or contact us online for a free consultation about your co-ownership issues.