Understanding Co-Ownership in Orange County
Our team of partition attorneys in Orange can assist co-owners with frequently asked questions about partitions, such as:
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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.
Our Aliso Viejo Partition Attorneys Know Orange County
Aliso Viejo is a city located in the San Joaquin Hills of southern Orange County, California. It is a master-planned community, developed by the Mission Viejo Company in the late 1990s. The city is known for its beautiful parks, trails, and open spaces, as well as its excellent schools and safe neighborhoods. Aliso Viejo is home to a variety of businesses, including technology, medical, and financial companies. The city also offers a variety of recreational activities, including golf, tennis, swimming, and hiking. Aliso Viejo is a great place to live, work, and play.
Aliso Viejo, California is a master-planned community located in Orange County. It is known for its beautiful homes, parks, and trails. The real estate in Aliso Viejo consists of single-family homes, townhomes, condominiums, and apartments. Single-family homes are the most popular type of real estate in Aliso Viejo, with many of them featuring modern designs and amenities. Townhomes are also popular, offering a more affordable option for those looking to buy in the area. Condominiums are a great option for those looking for a low-maintenance lifestyle, while apartments are a great option for those looking for a more affordable option.
Nevarov v. Nevarov – Partition Action Case Study
In the legal case of Nevarov v. Nevarov, 133 Cal.App.2d 457 (1955), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family home. The siblings had inherited the home from their parents, and the plaintiff, the brother, wanted to partition the home so that each sibling could have their own separate residence. The defendant, the sister, argued that the home should remain undivided and that the brother should be allowed to live in the home as a tenant. The court ultimately ruled in favor of the plaintiff, finding that the brother was entitled to a partition of the home. The court also found that the sister had no right to remain in the home as a tenant, as she had not contributed to the purchase of the home or to its upkeep.
Contact an Experienced Partition Attorney in Aliso Viejo, California
If you want to end your co-ownership relationship, but your co-owner disagrees, a partition action is your only option. Our experienced partition lawyers serving Aliso Viejo have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Orange County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (949) 888-8800 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Aliso Viejo, California
Our partition attorneys in Aliso Viejo also serve Laguna Niguel, Laguna Hills, Laguna Beach, Mission Viejo, San Juan Capistrano, and Dana Point
