Tustin Partition Lawyer

Partition Actions in Tustin

Tustin is a city located in Orange County, California. It is bordered by the cities of Santa Ana, Irvine, and Orange. The city is known for its historic downtown area, which features a variety of shops, restaurants, and entertainment venues. The city is also home to several parks, including Tustin Sports Park, Tustin Ranch Golf Club, and Tustin Community Park. The city is also home to the Tustin Unified School District, which serves the city’s students. Tustin is a great place to live, work, and play, and is a great place to call home.

According to Zillow, the median home value in Tustin, California is $735,000 as of 2021. As of 2020, the population of the California area of Tustin is 81,837.

Experienced Real Estate Partition Action Attorneys Serving Tustin

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:

• How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
• Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
• 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 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.
• Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.