San Juan Capistrano Co-Ownership Disputes
Our team of partition attorneys in Orange can assist co-owners with frequently asked questions about partitions, such as:
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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 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.
- 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 San Juan Capistrano Partition Attorneys Know Orange County
San Juan Capistrano is a city located in Orange County, California. It is known for its historic Spanish colonial architecture, its mission, and its annual Swallows Day Parade. The city is home to the Mission San Juan Capistrano, a Spanish mission founded in 1776, and the nearby Los Rios Historic District, which is the oldest residential neighborhood in California. San Juan Capistrano is also home to a variety of outdoor activities, including hiking, biking, and horseback riding. The city is known for its mild climate and its proximity to the beach.
San Juan Capistrano is a city located in Orange County, California. It is known for its historic Spanish mission, Mission San Juan Capistrano, which was founded in 1776 by Spanish Franciscan friars. The mission was named after Saint John of Capistrano, a 15th-century Italian saint. The mission was the seventh of the 21 missions established in California by the Spanish. It was the site of the first Christian marriage in California, and the first vineyard in the state. The mission was also the site of the first public school in California. In the 19th century, the mission was abandoned and fell into disrepair. In the early 20th century, the mission was restored and became a popular tourist attraction. Today, San Juan Capistrano is a thriving city with a population of over 35,000. It is home to a variety of attractions, including the Mission San Juan Capistrano, the Los Rios Historic District, and the San Juan Capistrano Regional Park. The city is also known for its annual Swallows Day Parade, which celebrates the return of the cliff swallows to the mission each year.
Rowland v. Clark – Partition Action Case Study
In the legal case of Rowland v. Clark, 91 Cal.App.2d 880 (1949), the issue was whether a partition of real property was valid. The plaintiffs, Rowland and his wife, owned a parcel of real property in joint tenancy with the defendant, Clark. The plaintiffs sought to partition the property, and the defendant objected, claiming that the partition would be inequitable and would cause him to suffer a financial loss. The court held that the partition was valid, but that the defendant was entitled to compensation for any financial loss he suffered as a result of the partition. The court also held that the defendant was entitled to a lien on the property to secure his compensation.
Contact an Experienced Partition Attorney in San Juan Capistrano, 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 San Juan Capistrano 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 Juan Capistrano, California
Our partition attorneys in San Juan Capistrano also serve Dana Point, Laguna Niguel, San Clemente, Mission Viejo, Aliso Viejo, and Laguna Beach
