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(949) 516-9220
108 Monarch Beach Resort South
Dana Point, CA 92629
Disclaimer: The information contained herein is for information purposes only and should not be
construed as legal advice. You should not act or fail to act based on the information on this website.
The content contains general information only, and may not reflect recent changes to the law.
Intelligent, Honest & Aggressive Representation
When you need skilled guidance to resolve a real estate dispute in Aliso Viejo or anywhere in California, Real Estate Partition
Lawyer Robert J. Spitz is ready to assist. A partition action will allow the court to force the property’s sale so that the proceeds can
be divided between co-owners. This measure may be needed in situations involving a disagreement that cannot otherwise be
resolved between owners over their commercial property or residential property.
With over three decades of experience helping clients resolve real estate disputes, Business Lawyer and Real Estate Attorney
Robert Spitz understands how to protect property owners’ interests as well as those of investors and developers when a partition
action is being sought. He is deeply knowledgeable of how to work within the framework of the real estate laws in California,
including recent changes affecting filing for partitions. His experience translates to successful outcomes for clients.
In this popular, master-planned city known for its welcoming and safe atmosphere, well-regarded schools, shopping, and
attractive neighborhoods, co-owned Aliso Viejo properties might be jointly purchased or inherited by one or more parties. Such
arrangements can at times lead to a disagreement about how to use or develop the property. This may be the result of a divorce or
other circumstances.
Real Estate Lawyer Spitz has many years of experience in this area of the law, and his real estate law firm can analyze any
disputes surrounding property ownership, property division, and property appraisals. Are you currently dealing with a
developing dispute over a jointly owned or jointly inherited property? If so, Partition Actions Lawyer Robert Spitz is ready to
assist. Just reach out to our real estate law firm at (949) 516-9220 to make a consultation appointment and find out how to resolve the real estate dispute you are
facing.
When a real estate partition complaint is filed, the intent is to force either the sale or the physical division of the property that is currently owned by at least two
different parties. A home or commercial property could be jointly owned and then disputed due to the dissolution of a marriage or due to joint inheritance, co-
investment, or another situation. The partition action could end up forcing the sale of the property so the proceeds can be divided, or it may result in physically
dividing the property so each party can own their portion separately.
If you are not sure whether it is the right time to initiate a partition action, you may want to consider the following reasons it may be the solution:
1. It is no longer desired to own or use the property jointly, but it would be more satisfactory to physically divide the property and retain ownership of only
your portion.
2. You wish to force the sale of the house or business and distribute the proceeds between the owners, possibly because it would not be prudent or possible to
divide the property physically.
Aliso Viejo Partition Action Lawyer | Resolving Disputes for Co-Owners
Attorney Spitz uses his in-depth knowledge of California’s real estate laws regarding partition actions and related matters to help clients achieve the outcome
needed to protect their interests in Aliso Viejo and throughout Orange County, California. Aliso Viejo Real Estate Attorney Spitz understands how to guide clients
through each phase of the partition:
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Examining the dispute along with client concerns so a strategy can be planned for resolving them
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Preparing the partition action and filing it
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Attending to all details involved in the partition lawsuit
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Navigating court hearings, negotiations and/or settlements, and the trial in court
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Starting the sale or physical division of the property in question
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Completing division of the proceeds or the title transfers for the divided property to each party
Although most partition actions take place under difficult circumstances such as a contentious divorce or
disputed inheritance, The Law Office of Robert J. Spitz has the ability to help resolve these disputes
amicably and deliver better results to all parties involved. A partition action can represent a practical,
beneficial solution for each side, including in stressful situations.
A real estate partition may be comprised of four phases:
1. The Plaintiff Files the Partition Complaint: The party seeking the partition (the plaintiff) must serve the other owner/s with copies of the complaint
providing details regarding the desired outcome of either selling or dividing the property and what percentage each party would retain.
2. Case Management Conference (CMC): A procedural hearing is conducted to set deadlines for the defendant to respond, for the discovery process, for case
reviews, and similar needs.
3. Appraisal of the Property: If the partition is seeking the sale of the property, an appraisal is needed to establish its market value. If the partition seeks a
physical division rather than a sale, an appraisal will be required for each of the newly divided properties.
4. Partition Trial: If the other party or parties do not agree with the proposed partition, the matter will progress to trial so the plaintiff can offer evidence
supporting the need for the partition and to allow review of property-survey recommendations regarding the feasibility of physical division or public sale. A
neutral third party (partition referee) will be appointed by the court to oversee the sale or division.
Real Estate Partitions Offer Effective Solutions
Aliso Viejo Attorney Spitz has more than 30 years of experience and knows how to help you resolve a dispute using a real estate action in California. If multiple co-
owners find they are unable to agree on what to do with a property they own, Aliso Viejo Real Estate Partition Attorney Spitz can help them find a streamlined,
tailored means of resolving matters.
Well-Suited Strategies
Since each situation is unique due to the individuals / commercial entities and circumstances involved, each real estate partition case may need to be handled
differently from others. Mr. Spitz discerns these needs as he examines the dispute. This allows him to provide the right solutions for the specific co-ownership
dispute at hand, keeping in mind his client’s goals throughout. This tailored approach produces positive results that fit client objectives.
Navigating the Process of Partition Actions
As a client is advised of what issues may be encountered during each step of a partition, they are better equipped to make sensible decisions. Aliso Viejo Partition
Action Attorney Robert Spitz educates clients on what legal procedures are involved during the process, pointing out options for physical division and for selling
the property. He will help you see the positive effects and possible issues of each option available.
Protecting Property Interests
It is important to preserve the interests of each co-owner. Mr. Spitz has the skill and experience needed to achieve this goal throughout the process of partition. The
focus remains on reaching an outcome that provides a fair and equitable solution for each party.
Effective Communication and Transparency
Successful legal representation must always include good communication between the attorney and the client. Lawyer Spitz makes communication
his priority at each phase of the partition, making sure an open dialogue is maintained so that trust is earned and the client is thereby empowered
to make beneficial, practical decisions based on solid information and the many years of Mr. Spitz’s legal experience.
Aliso Viejo Real Estate Partitions Lawyer Robert Spitz
The recent legislative changes regarding real estate partition law have allowed for a broader application
for this legal solution to a larger range of circumstances. In 2022, the Partition of Real Property Act
provided more options for dispute resolution, and using this method calls for a versatile,
knowledgeable partition attorney. Lawyer Robert J. Spitz has the knowledge and skill needed to help
clients navigate their dispute and reach goals with practical solutions.
Reliable Representation for Your Needs