Jointly Owned Property Issues in Mission Viejo
Our team of partition attorneys in Orange 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 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.
- 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.

Our Mission Viejo Partition Attorneys Know Orange County
Mission Viejo is a city located in Orange County, California. It is situated in the Saddleback Valley, and is bordered by the cities of Lake Forest, Aliso Viejo, Laguna Niguel, Laguna Hills, and San Juan Capistrano. Mission Viejo is known for its master-planned communities, and is home to a variety of shopping centers, restaurants, and recreational activities. The city is also home to a number of parks, including Oso Viejo Park, which features a lake, picnic areas, and a playground. Mission Viejo is a popular destination for families, and is known for its safe and friendly atmosphere.
Mission Viejo is a city located in Orange County, California. It was founded in the late 1960s as a master-planned community, and was incorporated as a city in 1988. The city was named after Rancho Mission Viejo, a large Spanish land grant from which it was formed. The city is known for its tree-lined neighborhoods, rolling hills, and numerous parks and recreational facilities. Mission Viejo is also home to the largest man-made lake in Orange County, Lake Mission Viejo. The city is home to a variety of businesses, including technology, retail, and medical companies. Mission Viejo is also home to Saddleback College, a two-year community college.
Harper v. Superior Court in and for City and County of San Francisco – Partition Action Case Study
In the legal case of Harper v. Superior Court in and for City and County of San Francisco, 140 Cal.App. 5 (1934), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a piece of real property that had been inherited from their father. The siblings had agreed to partition the property, but the agreement was never formalized. The sister, Harper, sought to have the court partition the property, while the brother, Smith, argued that the court lacked jurisdiction to do so. The court ultimately held that the court did have jurisdiction to partition the property, but that the partition should be done in accordance with the agreement between the siblings. The court also held that the partition should be done in a manner that would be fair and equitable to both parties.
Contact an Experienced Partition Attorney in Mission Viejo, 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 Mission 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 Mission Viejo, California
Our partition attorneys in Mission Viejo also serve Laguna Niguel, Aliso Viejo, Lake Forest, Rancho Santa Margarita, San Juan Capistrano, Ladera Ranch, and Dana Point