Camarillo Partition Lawyer

Jointly Owned Property Issues in Camarillo

Our team of partition attorneys in Ventura can assist co-owners with frequently asked questions about partitions, such as:

  • Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
  • What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
  • Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
  • What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
  • Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.

Partition Attorney in Camarillo, California - Ventura County Partition Lawyer

Our Camarillo Partition Attorneys Know Ventura County

Camarillo is a city located in Ventura County, California. It is located in the Oxnard Plain, an area known for its agricultural production. The city is known for its mild climate, with temperatures rarely exceeding 85 degrees Fahrenheit. Camarillo is home to California State University Channel Islands, as well as numerous parks, trails, and recreational areas. The city is also home to the Camarillo Premium Outlets, a popular shopping destination. Camarillo is a great place to live, work, and play, offering a variety of activities and attractions for all ages.

Camarillo, California is a city located in Ventura County, about 37 miles northwest of Los Angeles. The area was originally inhabited by the Chumash people, who lived in the area for thousands of years before the arrival of Spanish settlers in the late 18th century. The area was part of the Rancho Calleguas land grant given to Juan Camarillo in 1837. The city was officially incorporated in 1964, and has since grown to a population of over 65,000. The city is known for its agricultural production, particularly of strawberries, and is home to the Camarillo Airport, the Camarillo Premium Outlets, and California State University Channel Islands.

Kuns v. Dias – Partition Action Case Study

In the legal case of Kuns v. Dias, 32 Cal.App. 651 (1917), the issue was whether a partition of a piece of real property was valid. The plaintiff, Kuns, owned a piece of real property with two other individuals, Dias and Silva. Kuns and Dias agreed to partition the property, with Kuns taking the northern portion and Dias taking the southern portion. Silva, however, refused to join in the partition and instead sought to have the property sold and the proceeds divided among the three owners. The court held that the partition was valid, as Silva had not objected to the partition in a timely manner and had not taken any action to prevent it. The court also held that Silva was not entitled to a share of the proceeds from the sale of the property, as he had not joined in the partition.

Contact an Experienced Partition Attorney in Camarillo, California

If you want to end your co-ownership relationship, but your co-owner disagrees, a partition action is your only option. Our experienced partition lawyers serving Camarillo have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Ventura County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (805) 880-8800 or fill out a contact form online.

Contact us Today for a Free Consultation with a Partition Attorney in Camarillo, California