Jointly Owned Property Issues in Laguna Hills
Our team of partition attorneys in Orange can assist co-owners with frequently asked questions about partitions, such as:
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- 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 you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- 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.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.

Our Laguna Hills Partition Attorneys Know Orange County
Laguna Hills is a city located in Orange County, California. It is situated in the foothills of the Santa Ana Mountains, and is bordered by Laguna Beach, Aliso Viejo, Laguna Woods, and Mission Viejo. The city is known for its rolling hills, lush greenbelts, and picturesque views of the Pacific Ocean. It is home to a variety of shopping centers, restaurants, and recreational activities. The city is also home to the Laguna Hills Mall, which features a variety of stores and restaurants. Laguna Hills is a great place to live, work, and play, and is a popular destination for visitors from all over the world.
Laguna Hills, California is located in Orange County and is part of the Saddleback Valley. The area was originally inhabited by the Acjachemen Native American tribe, who lived in the area for thousands of years. The first Europeans to settle in the area were the Spanish, who established the Rancho Niguel in 1842. The area was later developed as a residential community in the 1960s and 1970s, and the city of Laguna Hills was officially incorporated in 1991. Today, Laguna Hills is a thriving community with a population of over 30,000 people. The city is known for its excellent schools, parks, and recreational activities.
Shriver’s Lessee v. Lynn – Partition Action Case Study
In the legal case of Shriver’s Lessee v. Lynn, 43 U.S. 43 (1844), the issue was whether a partition of land could be made without the consent of all the owners. The case involved a dispute between two parties, Shriver’s Lessee and Lynn, over a tract of land in Pennsylvania. Shriver’s Lessee argued that the land should be partitioned without the consent of all the owners, while Lynn argued that the partition could not be made without the consent of all the owners. The Supreme Court ultimately ruled in favor of Lynn, holding that a partition of land could not be made without the consent of all the owners. The Court reasoned that a partition of land would interfere with the rights of the other owners, and that the partition could not be made without their consent.
Contact an Experienced Partition Attorney in Laguna Hills, California
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers serving Laguna Hills 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 Laguna Hills, California
Our partition attorneys in Laguna Hills also serve Aliso Viejo, Laguna Niguel, Mission Viejo, Lake Forest, Irvine, Newport Beach, Dana Point, and San Juan Capistrano