Partition Attorneys in Irvine
When co-owners of an Irvine home or condo can’t agree on what happens to it, a partition action lets the court order it sold and divide the proceeds. From Woodbridge to Northwood to Great Park, we handle these cases every day — and only these cases.
The co-ownership disputes we see most in Irvine
Master-planned communities, high-value homes, and owners who move away for work make up most of the co-ownership disputes we see in Irvine.
Relatives bought a home together and now disagree
Parents, adult children, or siblings who pooled money to buy an Irvine home no longer agree on what to do with it. If one owner won’t sell or refinance, partition is how the property gets sold.
A co-owner moved away or overseas
One co-owner left the area for work or family, and the home is now a burden they want out of. A partition action gets it resolved, and an out-of-area owner can still be served and brought into the case.
You bought with a partner, and the relationship ended
Unmarried co-owners don’t have a family court to divide the property. If your ex won’t sell or refinance you off title, partition is how the property gets sold, with credits for who paid what.
One owner lives there and pays nothing
A co-owner living in the property alone may owe the other owners for their share of its use. That claim can be decided in the same case that forces the sale.
Waiting costs Irvine co-owners money. Filing ends it.
If you’re waiting for your co-owner to agree, you may wait indefinitely. A partition action is a legal right, not a negotiation: in California, a co-owner generally doesn’t need the other owners’ permission to file.
Your money keeps going out
- If you wait
- Your share of the mortgage, property tax, and insurance keeps leaving your account every month.
- Once you file
- What you paid can be credited back to you from the sale proceeds, and a co-owner living there alone may owe you for its use.
Your co-owner sets the pace
- If you wait
- Nothing moves until they say yes, and they have little reason to.
- Once you file
- Orange County Superior Court sets the schedule. Your co-owner must respond to the lawsuit or risk a default.
Your equity is exposed
- If you wait
- Wear and tear, new liens, or a co-owner’s creditors can chip away at what your share is worth.
- Once you file
- A recorded lis pendens puts buyers and lenders on notice of your claim, and the sale happens under court supervision.
How much of your money is locked in this property?
Your share of the equity
Money you own but can’t touch until the property is sold.
What another year of waiting costs
Paid out of your pocket on a property you can’t use or sell.
Start Your PartitionEstimate for illustration only, before sale costs and court-ordered credits. A partition attorney can tell you what applies to your property.
Ready to get your share out of your Irvine property? Let’s start your partition.
Start Your PartitionWhat makes an Irvine partition different
Every partition follows California law, but Irvine properties raise issues we plan for from the first call.
- HOAs and special taxes. Most Irvine neighborhoods have HOA dues, and many carry Mello-Roos special taxes. Those charges affect carrying costs and buyer demand, so we factor them into the sale.
- Owners who live abroad. Serving a co-owner who lives outside the U.S. can take extra steps. We start that process early so it doesn’t slow down your case.
- Association rules. HOA rules on rentals, repairs, and listing can affect how the property is marketed. We work within them so the sale stays on track.
Someone living there?
Whether it’s a tenant, a relative, or a co-owner who won’t leave, who is living in the property shapes how and when it can be sold.
Our approach: we deal with occupancy at the start of the case, so it doesn’t hold up the sale or reduce your share.
Who pays the attorney’s fees? In a California partition, the court can divide the fees and costs incurred for everyone’s benefit among all co-owners in proportion to their interests, under Code of Civil Procedure 874.010 and 874.040.
Tell us about your Irvine property
A partition attorney will review your situation and explain your options — usually in a 15-minute call.
- Who’s on title and how title is held
- How HOA dues and Mello-Roos taxes affect the sale
- Credits you may be owed for payments you made
- Whether fees can be shared with the other co-owners
Prefer to talk now?
(949) 888-8800Questions Irvine co-owners ask us
Can a co-owner force the sale of an Irvine property?
Yes. California law generally gives every co-owner the right to ask the court to divide or sell the property, unless that right was given up in a written agreement. See the full California partition statutes.
Where is an Irvine partition case filed?
In the Superior Court of California, County of Orange, because that is where the property is located.
What if my co-owner lives outside the country?
The case can still be filed in Orange County, because that is where the property is. Serving someone abroad can take extra steps, which we start early.
Do I need my co-owner’s permission to file?
No. A California co-owner generally has the right to file a partition action without the other owners’ consent. Your co-owner is served with the lawsuit and must respond to it.
Will the property be auctioned at the courthouse?
Rarely. In most cases a court-appointed referee lists the property on the open market with a real estate broker, which typically brings a better price than an auction.
