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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 a disagreement over property in Southern California grows into a legal real estate dispute, the experienced eye of a knowledgeable
real estate partition lawyer can bring you the resolution you seek. Attorney Robert J. Spitz has been assisting real estate owners for over
30 years. He understands how partition actions work to help clients obtain their objectives regarding their property, creating a path for
the equitable distribution of real estate or its value to co-owners who haven’t been able to agree on how to use their property.
Having a range and depth of experience in real estate and related areas of law, Attorney Robert Spitz has access to the legal tools that
can ameliorate your dispute and protect your interests. Investors, co-owners, developers, and similar stakeholders can benefit from Mr.
Spitz’ insights. His advice sheds light on how a partition can move things towards your goals to a successful conclusion.
As Coto de Caza is well known as a pinnacle of affluent living with natural and equestrian surroundings, this guard-gated and private,
master-planned community features luxurious estates that keep property values high. The stakes can be meaningful for co-owners or co-
inheritors considering the development, sale, or use of real estate in this community.
Attached condos and townhomes as well as sprawling estates in areas like Covenant Hills Village can become the subject of
disagreements and disputes among joint owners. In such situations, using a real estate partition is likely to bring exactly the right solution. As a respected and
reliable partition action lawyer, Mr. Spitz can discuss your situation and detail how a partition can benefit your interests. He will explain matters relating to
property ownership, appraisal, and division. There is an effective way to resolve your property matter, and Coto de Caza Attorney Spitz knows how to make it
happen. Call our office to schedule a consultation by dialing (949) 516-9220.
When a dispute over real property is in the initial stages, it may not be clear whether a partition action will be needed. Disagreements that include the following
circumstances often do end up requiring partitions to be properly resolved:
1.
Both parties with an ownership interest do not wish to make use of the property together, but would instead rather divide it and each maintains ownership
of their respective share.
2.
It is not feasible to physically divide the piece of real estate, but the preference is to sell it and then distribute the resulting proceeds among co-owners
according to their percentage of ownership.
Having years and a wide range of experience in the practice of real estate law, Mr. Spitz understands when it is beneficial to implement a partition action. His
perspective allows him to take into consideration each client’s concern and what it will take to protect their property interests. As a skilled real estate lawyer, he
offers reliable guidance to property owners in Coto de Caza and all of Orange County in addition to the rest of Southern California regarding real estate partitions:
•
Discussing in depth the dispute over real estate, identifying the client’s goals and concerns, and devising a strategy to reach those goals and address those
concerns.
•
Initiating and filing a property partition action.
•
Completing all necessary details for a partition.
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Handling negotiations as needed as well as upholding client interests in all hearings, court proceedings, and settlements.
•
Concluding the proper distribution of proceeds after selling the property or completing the title transfers post division.
While it is true that partition actions usually begin with a disagreement related to a stressful situation like a contested divorce or challenging inheritance, our law
office can use partitions to help both sides reach an agreeable solution that provides benefits to both sides. Property partitions can bring relief to all involved, even
when a dispute is highly contentious.
A real estate partition will usually have four stages:
1.
Filing of the partition complaint by the plaintiff: The complaining owner seeking the partition, also
called the plaintiff, serves the other owner or owners with the complaint. This details the proposed
solution (either selling and dividing profits or physically dividing the real estate) and what share
would go to each co-owner.
2.
Case Management Conference: The judge and co-owners or their lawyers create a roadmap of the
lawsuit during this procedural hearing. This includes setting deadlines for the defendant’s response,
discovery, reviews, and other items.
3.
Property Appraisal: The property will be evaluated to determine its market value as a whole or for
each individual new property if it is to be physically divided.
4.
Partition Trial: In the event that the joint owners are still unable to agree on the terms that have been
proposed, the plaintiff may then present evidence as to why their solution is appropriate. During the trial, recommendations from the property survey will also
be reviewed regarding whether division or sale of the property is possible. A partition referee will also be appointed to act as a neutral party overseeing the
division or the sale of the real estate in question.
If you want to know more about whether a real estate partition could resolve your dispute, Coto de Caza Lawyer Spitz is ready to help. His many years of
experience helping clients reach their goals means he can guide you to a successful outcome too. When it becomes clear that co-owners do not agree on how to use
their property, Coto de Caza Real Estate Attorney Spitz can ease your mind by outlining a plan for streamlining a customized solution to resolve the dispute and
unlock the potential of the real estate for all parties.
Every property dispute has its own backstory and nuance. Not all real estate partitions require the same solution. Coto de Caza Lawyer Spitz takes your concerns
into consideration to ensure you find the solution that works for your specific situation. He works to defend your interests and resolve the dispute, tailoring his
approach to each case so clients find the outcome they are seeking.
Support for Every Step of the Partition Action
Having a well-experienced partition action attorney on your side means unexpected challenges need not derail your case. Coto de Caza Real Estate Lawyer Robert
Spitz will guide you through each step, helping you make sound choices that bring you closer to your goals. By educating clients about the partition process and the
positives and negatives of options around either selling or dividing real estate, more satisfying and beneficial outcomes can be reached.
Safeguarding Your Real Estate Interests
Each co-owner’s interests must be protected as an integral part of the real estate partition. Lawyer Spitz understands how to ensure this balance and reach outcomes
that serve each party.
Transparency and Effective Communication
The key to reaching positive results is maintaining clear communication. Mr. Spitz maintains regular, open communication and dialogue that builds trust and
empowers clients to make sensible decisions guided by his skill, experience, and insights.
Coto de Caza Real Estate Partition Attorney