Aliso Viejo is one of Orange County’s youngest cities, incorporated in 2001, and its housing reflects that: a dense concentration of condos and townhomes built around the Aliso Viejo Town Center, alongside single-family neighborhoods that attract young professionals and first-time buyers. Because so much of the housing stock here consists of attached homes purchased relatively recently, a large share of local co-ownership disputes involve unmarried couples or friends who bought together before fully considering what would happen if the relationship or arrangement ended. When that happens and one owner won’t agree to sell or buy out the other, a partition action offers a way to break the impasse.
Why Talkov Law
Talkov Law is dedicated to handling partition actions and co-ownership disputes throughout Orange County. Founder Scott Talkov and Head of Litigation Katja M. Grosch, who has more than 17 years of experience in real estate litigation, regularly work with co-owners in Aliso Viejo’s condo and townhome communities who need a resolution that a stubborn co-owner won’t provide voluntarily. We offer a free consultation and don’t charge anything upfront to review your case.
The Legal Path to Resolving Co-Ownership
Under California law, any co-owner of real property has the right to force a sale or division of the property through a partition action, regardless of ownership percentage and regardless of the other owners’ objections — with the narrow exception of community property between married spouses, which is addressed in family court. The typical process includes:
- Filing a partition complaint in Orange County Superior Court.
- The court confirming the plaintiff’s right to partition the property.
- Appointment of a referee under Code of Civil Procedure section 874.040.
- The referee overseeing a sale (or, occasionally, a physical division) of the property.
- Payment of referee fees, costs, and often attorney’s fees from the proceeds, with the remainder split according to ownership share.
Most cases resolve in about 3 to 9 months, with 7 months being a frequently cited timeframe, depending on cooperation between the owners and the court’s schedule. A buyout is often a faster and simpler alternative to a forced sale, particularly for a condo or townhome where one owner wants to remain and refinance the mortgage into their name alone.
Illustrative Scenario (Hypothetical)
Imagine an unmarried couple purchases a townhome near the Aliso Viejo Town Center together, splitting the down payment unevenly — one partner contributed significantly more upfront. After they separate, the partner who contributed less wants to sell and split the proceeds 50/50 based on the deed, while the other believes their larger down payment should be reflected in a larger share of the equity. Neither will agree to move out or refinance, and the disagreement over how much each contributed threatens to stall any sale entirely. A partition action allows the court to not only order a sale or buyout, but also to account for unequal financial contributions when dividing the proceeds. This scenario is hypothetical and for illustration purposes only.
FAQ
We’re not married — does that change how partition works for our Aliso Viejo condo? No. Partition actions apply to unmarried co-owners just as they do to any other joint owners of real property; the community property exception applies only to married spouses.
Can unequal down payments or mortgage contributions be addressed in a partition case? Often, yes. Courts can account for unequal contributions when determining how sale proceeds should ultimately be divided.
What if my co-owner refuses to leave the townhome? A partition action doesn’t necessarily require anyone to move out immediately, but it can lead to a court-ordered sale that resolves the underlying ownership dispute.
Is a buyout realistic for a condo with an outstanding mortgage? It can be, often through refinancing so the remaining owner takes on the mortgage individually while paying the other owner for their share of the equity.
Ready to Resolve Your Co-Ownership Dispute?
Talkov Law offers a free, no-obligation consultation. Call (877) PARTITION or our Orange County office at (949) 888-8800, or fill out our contact form to talk to an attorney today.
Learn more: Partition Sale vs. Buyout | The California Partition Process | Browse All Orange County Cities We Serve
Nearby areas: Laguna Woods Partition Attorney | Laguna Niguel Partition Attorney | Mission Viejo Partition Attorney