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A real estate partition is a lawsuit filed with the purpose of forcing the division of real estate owned by two or more parties. Real property may be jointly owned due to a partnership or marriage dissolving, co- investment, inheritance, or other circumstances. The result of a partition action may be the selling of the property to divide the proceeds among owners or the creation of two or more separate parcels to be owned separately by each party. When is it Time to File a Partition Lawsuit? It may be the right time to file a partition action when one of the following situations has developed: 1. You no longer want to jointly own or use the whole property and wish instead to physically divide the parcel and keep ownership of your portion only. 2. You would want to force the sale of the parcel and have the proceeds distributed between the owners, perhaps because it is not practical or financially prudent to physically divide the property. San Juan Capistrano Partition Action Attorney | Solutions for Co-Owners Lawyer Spitz offers clients the benefits of his strong knowledge of real estate laws and real estate partition actions in San Juan Capistrano and the greater Orange County, California area. San Juan Capistrano Real Estate Attorney Spitz can help you with all phases of a partition: • Reviewing your concerns and creating a plan to strategically address them • Preparing the partition complaint and filing it • Caring for every detail of the lawsuit process • Pursuing courtroom hearings, negotiations, settlements, and the trial • Actuating the physical division of the property or the sale of it • Completing title transfers to each party for newly divided parcels While partition actions are often used in difficult circumstances like a heated inheritance dispute or divorce, The Law Office of Robert J. Spitz can help resolve these disputes in an amicable manner and provide all parties with a better outcome. Partitions can be a practical and beneficial solution that benefits all parties, even in stressful situations that often come with dividing property that was jointly owned.

The real estate partition process may involve four parts: 1. Plaintiff Filing a Partition Complaint: The party filing for a partition (the plaintiff) will serve the other party (other owner/s) with the complaint detailing their goal of selling or dividing the property and outlining the proposed ownership shares. 2. Case Management Conference: A hearing will take place in which a deadline is set for the defendant to provide their response and a timeline is established for the discovery process as well as for case reviews and other items. 3. Property Appraisal: When a case is for partition by sale, there will need to be a market-value appraisal of the property as a whole. In cases employing partition by physical division, an appraisal is needed for each new parcel. 4. Partition Trial: When the other party wishes to contest the partition, there will be a trial hearing so the plaintiff can provide their evidence for partition and so that property- survey recommendations regarding the feasibility of public sale or physical division can be reviewed. The court will appoint a neutral third party, or partition referee, to oversee implementation of the partition or division. Real Estate Partitions are an Effective Solution Mr. Spitz has decades of experience and is well-qualified to help clients resolve disputes with a real estate partition in California. When two or more co-owners cannot agree on matters involving jointly held real property, San Juan Capistrano Real Estate Lawyer Spitz is ready to provide a strategic and streamlined solution. Tailored Strategies Due to the many circumstances and individuals or commercial entities that may be involved, every real estate partition case will be unique. Lawyer Spitz examines each case thoroughly so he can offer the right solution for the specific dynamics of the co- ownership dispute as well as for his client’s goals. His tailored approach results in successful outcomes that help clients reach their objectives. Navigating the Partition Process When you are informed about what kinds of issues may arise during the partition process, better decisions can be made at each stage. San Juan Capistrano Partition Action Lawyer Robert Spitz explains the legal procedures that are involved in each stage of your case. He will point out which options are available for both physical division as well as sale of the property while helping you consider the benefits and effects of each method. Protect Your Property Interests It is vital that the property interests of each party are preserved. Using his experience and skill, Mr. Spitz protects client rights throughout the partition process. He stays focused on providing an outcome that is fair and equitable for each party involved. Transparency and Good Communication Effective communication is integral to successful legal representation. Lawyer Spitz prioritizes communication in each and every stage of the partition action. Maintaining an open dialogue with the client engenders trust and leaves the client empowered to make sound decisions that are based on accurate information and the insights gained over Mr. Spitz’ decades of experience. Strong Representation for a Range of Needs The changes recently implemented in real estate partition laws allow application to a more diverse and broader range of circumstances. The Partition of Real Property Act (2022) opened up more possibilities for resolving disputes, and it calls for a versatile partition lawyer. Attorney Robert J. Spitz is ready to guide you through many issues, helping you overcome co-ownership disputes and related challenges. Contact San Juan Capistrano Attorney Robert J. Spitz To make an appointment for a consultation with attorney Robert J Spitz, dial (949) 516- 9220. He will analyze your case, discuss your goals, and create a plan to resolve your concerns regarding a commercial property dispute or residential property dispute. The law office of Robert J. Spitz can help you protect your investments as well as your ownership rights.