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:
- 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.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- 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.
- 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.

Our Dana Point Partition Attorneys Know Orange County
Dana Point is a city located in southern Orange County, California. It is situated along the coast of the Pacific Ocean, and is known for its beautiful beaches, stunning views, and a variety of outdoor activities. The city is home to a number of popular attractions, including the Dana Point Harbor, Doheny State Beach, and the Ocean Institute. Dana Point is also known for its vibrant nightlife, with a variety of bars, restaurants, and clubs. The city is a popular destination for tourists, and is home to a number of luxury resorts and hotels.
Dana Point, California was named after Richard Henry Dana, Jr., a sailor and author who wrote about his experiences in the area in the 1840s. The area was first inhabited by the Acjachemen Native American tribe, who called the area “Pu’u’o’o’o” or “the hill of the whales.” In the late 1800s, the area was developed as a whaling station and later as a port for the export of local agricultural products. In the early 1900s, the area was developed as a resort town, with the opening of the Dana Point Hotel in 1925. The city was officially incorporated in 1989. Today, Dana Point is a popular tourist destination, known for its beautiful beaches, harbor, and historic sites.
Schwartz v. Shapiro – Partition Action Case Study
In the legal case of Schwartz v. Shapiro, 229 Cal.App.2d 238 (1964), the issue was whether a partition action could be maintained by a tenant in common against the other tenant in common. The plaintiff, Schwartz, owned a one-half interest in a parcel of real property with the defendant, Shapiro, owning the other one-half interest. Schwartz sought to partition the property, but Shapiro argued that a partition action could not be maintained because the property was held in joint tenancy. The court held that a partition action could be maintained by a tenant in common against the other tenant in common, and that the joint tenancy was converted into a tenancy in common when the joint tenancy was severed by the death of one of the joint tenants. The court also held that the partition action was not barred by the statute of limitations because the action was brought within the statutory period after the joint tenancy was severed.
Contact an Experienced Partition Attorney in Dana Point, California
If you want to end your co-ownership relationship, but your co-owner refuses, a partition action is your only option. Our experienced partition lawyers serving Dana Point 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 an experienced 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 Dana Point, California
Our partition attorneys in Dana Point also serve Laguna Niguel, San Juan Capistrano, San Clemente, and Laguna Beach