Tustin Co-Ownership Disputes
Our team of partition attorneys in Orange can assist co-owners with frequently asked questions about partitions, such as:
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- 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.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
Our Tustin Partition Attorneys Know Orange County
Tustin is a city located in Orange County, California. It is bordered by the cities of Santa Ana, Irvine, and Orange. The city is known for its historic downtown area, which features a variety of shops, restaurants, and entertainment venues. The city is also home to several parks, including Tustin Sports Park, Tustin Ranch Golf Club, and Tustin Community Park. The city is also home to the Tustin Unified School District, which serves the city’s students. Tustin is a great place to live, work, and play, and is a great place to call home.
Tustin, California was founded in 1868 by Columbus Tustin, a carriage maker from Northern California. The city was originally called “Tustin City” and was the first city in Orange County to be incorporated. The city was primarily an agricultural community, with citrus groves and walnut orchards being the main crops. In the early 1900s, the city began to grow and develop, with the opening of the Santa Ana Army Air Base in 1942. The base was a major employer in the area and helped to spur the growth of the city. After the war, the city continued to grow and develop, with the opening of the Tustin Marketplace in the late 1980s. Today, Tustin is a thriving city with a population of over 80,000 people.
In re Putnam’s Estate – Partition Action Case Study
In the legal case of In re Putnam’s Estate, 219 Cal. 608 (1933), is a legal case that deals with the issue of partition of property. The case involved a dispute between two siblings over the partition of their deceased father’s estate. The siblings had inherited the estate in equal shares, but one of the siblings wanted to partition the estate so that each sibling would receive a specific portion of the estate. The other sibling objected to the partition, arguing that the estate should remain undivided. The court ultimately ruled in favor of the sibling who wanted to partition the estate, finding that the partition was necessary to protect the interests of both siblings. The court also noted that the partition would not be detrimental to either sibling, as the estate was of equal value.
Contact an Experienced Partition Attorney in Tustin, 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 Tustin 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 Tustin, California
Our partition attorneys in Tustin also serve Santa Ana, Irvine, Orange, Anaheim, Costa Mesa, Tustin Foothills, Garden Grove, Fountain Valley, Placentia, Westminster, Yorba Linda, Lake Forest, Newport Beach, Fullerton, and Stanton
