Newport Beach Partition Lawyer

Newport Beach Co-Ownership Disputes

Our team of partition attorneys in Orange can assist co-owners with frequently asked questions about partitions, such as:

  • What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
  • What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
  • Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
  • Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.

Partition Attorney in Newport Beach, California - Orange County Partition Lawyer

Our Newport Beach Partition Attorneys Know Orange County

Newport Beach is a coastal city in Orange County, California. It is located on the Pacific Ocean, between the cities of Costa Mesa and Huntington Beach. It is known for its beautiful beaches, luxury homes, and upscale shopping and dining. The city is home to the Balboa Peninsula, a popular destination for beachgoers, and the Balboa Island, a small island connected to the mainland by a bridge. Newport Beach is also home to the Newport Beach Pier, a popular spot for fishing and sightseeing. The city is also home to the Newport Beach Harbor, which is a popular destination for boaters and sailors.

The area now known as Newport Beach was originally inhabited by the Tongva people, who lived in villages along the coast. The first Europeans to explore the area were Spanish explorers in the late 1700s. In the mid-1800s, the area was part of a large Mexican land grant. In the late 1800s, the area was developed as a resort town by the Pacific Coast Railway. The town was incorporated in 1906 and was named Newport Beach after the nearby Newport Bay. In the early 1900s, the city became a popular destination for wealthy vacationers from Los Angeles and other parts of California. The city continued to grow throughout the 20th century, and today it is a popular tourist destination known for its beautiful beaches, luxury resorts, and waterfront homes.

Hughes v. Devlin – Partition Action Case Study

In the legal case of Hughes v. Devlin, 23 Cal. 501 (1863), the California Supreme Court was asked to decide whether a partition of land between two co-owners was valid. The court held that the partition was invalid because the two co-owners had not agreed to the terms of the partition. The court found that the partition was not made in good faith and that the two co-owners had not agreed to the terms of the partition. The court also found that the partition was not made in accordance with the law and that the two co-owners had not taken into consideration the interests of the other co-owner. The court held that the partition was invalid and that the two co-owners must come to an agreement on the terms of the partition.

Contact an Experienced Partition Attorney in Newport Beach, 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 Newport Beach 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 Newport Beach, California