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 also provide a way for co-owners to force the sale of the property if they cannot agree on how to divide it. The partition statutes also set out the procedures for the sale of the property and how the proceeds of the sale will be divided among the co-owners. The partition statutes also provide for the payment of costs associated with the sale of the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • 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.
  • Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
  • 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.
  • 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.
  • 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 Tustin 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 (714) 888-7700 or contact us below to schedule a free, 15-minute consultation

    In re Putnam’s Estate – Partition Action Case Study

    In the legal case of In re Putnam’s Estate, 219 Cal. 608 (1933), is a legal case that deals with the issue of partition of property. The case involved a dispute between two siblings over the partition of their deceased father’s estate. The siblings had inherited the estate in equal shares, but one of the siblings wanted to partition the estate so that each sibling would receive a specific portion of the estate. The other sibling objected to the partition, arguing that the estate should remain undivided. The court ultimately ruled in favor of the sibling who wanted to partition the estate, finding that the partition was necessary to protect the interests of both siblings. The court also noted that the partition would not be detrimental to either sibling, as the estate was of equal value.

    Contact our Team of Experienced Partition Lawyers Serving the City of Tustin, County of Orange, California

    Our Tustin 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, call (714) 888-7700 or contact us online today.

    Talkov Law Orange County Office

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    Newport Beach, CA 92660
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