San Clemente Partition Lawyer

Jointly Owned Property Issues in San Clemente

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

  • 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.
  • Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
  • What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
  • 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.
  • 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.

Partition Attorney in San Clemente, California - Orange County Partition Lawyer

Our San Clemente Partition Attorneys Know Orange County

San Clemente is a coastal city in Orange County, California, located on the Pacific Ocean about halfway between Los Angeles and San Diego. It is known for its Mediterranean climate, its beautiful beaches, and its Spanish-style architecture. The city is home to a variety of attractions, including the San Clemente Pier, the San Clemente State Beach, and the San Clemente Historical Society. The city is also home to a number of restaurants, shops, and other businesses. San Clemente is a popular destination for tourists and locals alike, and is a great place to visit for a day or a weekend.

San Clemente, California, is a coastal city located in Orange County, California. It is known for its Mediterranean climate, its Spanish Colonial Revival style architecture, and its beautiful beaches. The area was first inhabited by the Acjachemen Native American tribe, who called the area Panhe. In 1776, Spanish explorer Juan Bautista de Anza passed through the area and named it San Clemente. In the late 1800s, the area was used for cattle ranching and farming. In 1925, Ole Hanson, a former mayor of Seattle, purchased the land and developed it into a planned community. He named it after Saint Clement, the patron saint of sailors. Hanson’s vision was to create a city that was “a whitewashed paradise,” and he designed the city with Spanish Colonial Revival style architecture. He also built a pier, a golf course, and a hotel. San Clemente was incorporated as a city in 1928. During World War II, the city was used as a training ground for the U.S. Marine Corps. Today, San Clemente is a popular tourist destination, known for its beautiful beaches, its historic downtown, and its Mediterranean climate. It is also home to the San Clemente Pier, the San Clemente State Beach, and the San Clemente Municipal Golf Course.

MacDonald v. Bernal – Partition Action Case Study

In the legal case of MacDonald v. Bernal, 34 Cal.App. 431 (1917), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real estate. The plaintiff, MacDonald, sought to partition the property, while the defendant, Bernal, argued that the property could not be partitioned because it was a single, indivisible parcel. The court ultimately held that the property could not be partitioned, as it was a single, indivisible parcel. The court reasoned that the property was not capable of being divided into two or more parts without prejudice to the rights of the parties, and thus, partition was not an available remedy.

Contact an Experienced Partition Attorney in San Clemente, 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 San Clemente 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 San Clemente, California