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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
Real Estate Partition Actions Attorney Robert J. Spitz works to resolve real estate disputes in Irvine as well as across Southern
California using partition actions. In a partition case, the courts may force the sale of a property and order equitable division of
the proceeds among its co-owners. This legal solution could become necessary when a disagreement between co-owners
regarding their commercial or residential property is otherwise unsolvable.
With over three decades of experience as a real estate attorney and business lawyer, Attorney Robert Spitz actively upholds the
interests of the investors, property owners, and developers he represents in partition actions. He has a deep understanding of the
real estate laws in California, including the recent expansion of the law regarding filing partition actions.
Irvine is a desirable and well-planned city in Orange County known for its parks, low-crime, and friendly community. Residents
will often share a property with others in this growing area. This can in turn give rise to complicated inheritance issues or
disputes related to divorce or dissolved investment relationships.
With many years of experience in such issues, Mr. Spitz’ real estate law firm successfully addresses the conflicts and challenges
involved in property ownership, division, and value appraisal matters. He represents clients needing to partition jointly owned
homes, inherited family residences, or rental condos. Contact Partition Actions Lawyer Robert J. Spitz to arrange a consultation.
Call (949) 516-9220 to discuss your available options.
Real estate partition actions are lawsuits filed to force the division of a property that is owned by at least two people. A property may come under joint ownership
due to certain situations such as inheritance, breakup of a marriage or partnership, co-investing in a property, and other circumstances. Partition actions can be used
to either transform a jointly owned property into separate interests by selling and dividing the proceeds appropriately or to divide the property itself into separate
parcels.
When to File a Partition Lawsuit
There are two main reasons to file a partition action:
1.
The client does not wish to jointly use or jointly own the entire property any longer and instead wants to physically divide the property and retain ownership of
their portion only.
2.
The client would like to force the sale of the property and distribute the proceeds among the owners because it is impractical to divide the physical parcel or
doing so would decrease its value.
Irvine Partition Action Attorney | Proven Co-Owner Solutions
The Law Office of Robert J. Spitz brings a deep knowledge of real estate laws and court procedures
relating to real estate partition actions in Irvine and throughout Orange County, California. Irvine
Attorney Spitz provides counsel on a range of partition-related matters:
•
Initial review of the case and strategic planning
•
Preparing and filing the partition complaint
•
Handling every aspect of the lawsuit and its process
•
Courtroom hearings, the trial, and any negotiations and settlements
•
Implementing physical division or facilitating the sale of the parcel
•
Individual title transfers for newly created parcels
It is true that a partition action will often come about due to a difficult situation such as a hostile break up or an inheritance dispute. Our goal is to help resolve such
situations in an amicable manner that produces a better outcome, one that is more efficient and beneficial, even with the strain that can often surround the dividing
of jointly owned property.
The process for a real estate partition action will usually involve:
1.
The Plaintiff Files the Partition Complaint: The person filing the suit (the plaintiff) serves the other co-owner/s with the complaint that states their wish
to sell or divide the property and how the ownership shares would be assigned.
2.
Conference Regarding Case Management: A hearing takes place to set timelines and deadlines for the defendant to give their response, the discovery
process, case status reviews, and more.
3.
Appraisal of the Property: If the case is partition by sale, an appraisal will be obtained to evaluate the market value for the parcel as a whole. If the case is
for partition by physical division, the appraisal will be for each segment.
4.
Partition Trial: If the lawsuit is contested, a trial hearing will be held for the plaintiff’s evidence for partition and reviewing recommendations from a
property survey regarding the feasibility of physical division or public sale. There will be a referee appointed who will oversee implementation.
An Effective Resolution in Real Estate Partition
Attorney Spitz has the years of experience needed to provide efficient solutions for clients in need of a real estate partition in California. If co-owners are in
disagreement with one another regarding their jointly held property, he can address the matter in a streamlined, strategic manner.
Tailored Legal Strategies
Each real estate partition case is unique due to its circumstances and the parties involved. Mr. Spitz crafts the proper approach, tailoring the case to fit the
dynamics of the co-ownership dispute and the goals of the client. This approach results in outcomes that fit the client’s needs.
Navigating the Partition Process
It is crucial to be armed with a good understanding of the complexities that may be involved in your partition process if you are to make sensible decisions.
Irvine Partition Action Lawyer Robert Spitz helps his clients at each stage of the case, explaining the legal procedures involved. Whether the partition is to be
attained through physical division or through sale of the property, Mr. Spitz helps clients understand what options are available and the effects of each.
Safeguarding Property Interests
Protecting the property interests belonging to each co-owner is a priority. Mr. Spitz uses his vast experience to ensure the protection of client rights in the
partition process. He focuses on equity and fairness so that each party is given due consideration as a solution is pursued.
Transparent Communication
Successful legal representation requires effective communication. Lawyer Spitz makes this a priority, maintaining transparent communication with clients at
each stage of their partition case. Such open dialogue works to create trust and empower clients to make decisions based on knowledge throughout the process.
Strategic Representation for a Range of Circumstances
The recent change in real estate partition actions allowing a broader application for more diverse circumstances under the Partition of Real Property Act (2022)
brings the need for a versatile partition attorney. Attorney Robert J. Spitz’ real estate law firm offers representation for many situations. He provides strategic
counsel adapted to your co-ownership disputes and unique challenges.
Skilled Guidance for Co-Ownership Resolutions
Irvine Real Estate Partitions Lawyer Robert Spitz
Irvine Real Estate Partition Attorney Robert J. Spitz is your dedicated partner in achieving a swift and
equitable resolution to real estate partition disputes. Contact us today to initiate a consultation and take
the first step toward resolving your co-ownership challenges. Call (949) 516-9220 to schedule an
appointment and secure skilled guidance for your real estate partition matter. We can also be reached
online with our Contact Us form.