Placentia Partition Lawyer

Jointly Owned Property Issues in Placentia

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

  • Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
  • 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.
  • How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
  • Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
  • Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.

Partition Attorney in Placentia, California - Orange County Partition Lawyer

Our Placentia Partition Attorneys Know Orange County

Placentia is a city located in northern Orange County, California. It is bordered by the cities of Fullerton, Anaheim, and Brea. The city is known for its small-town charm and friendly atmosphere. Placentia is home to several parks, including Tri-City Park, which features a lake, picnic areas, and a playground. The city also has a variety of shopping and dining options, as well as a vibrant nightlife. Placentia is a great place to live, work, and play.

Placentia, California was founded in 1837 by William and Nicolasa Workman, who were among the first settlers in the area. The city was originally named “Nixcala” by the Workmans, which was derived from the Spanish phrase “ni esta aqui” meaning “not here”. The city was later renamed Placentia in 1875, after the Latin word for “pleasant place”. Placentia was incorporated as a city in 1926 and has since grown to become a thriving suburban community. The city is home to a variety of businesses, including a number of technology companies, and is known for its excellent schools and parks. Placentia is also home to the historic Yorba-Slaughter Adobe, which was built in 1851 and is one of the oldest structures in Orange County.

Nelson v. Nevel – Partition Action Case Study

In the legal case of Nelson v. Nevel, 154 Cal.App.3d 132 (1984), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the dispute arose when one sibling wanted to sell the home and the other wanted to keep it. The court had to decide whether the siblings could partition the home, meaning that they would divide the home into two separate parts and each sibling would own one part. The court ultimately held that the siblings could not partition the home, as it would be too difficult to divide the home into two separate parts without causing significant damage to the property. The court also noted that the siblings had not agreed to a partition of the home, and that the partition would not be in the best interests of either sibling.

Contact an Experienced Partition Attorney in Placentia, 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 Placentia 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 (714) 888-7700 or fill out a contact form online.

Contact us Today for a Free Consultation with a Partition Attorney in Placentia, California