Understanding Co-Ownership in Lake County
Our team of partition attorneys in Lake can assist co-owners with frequently asked questions about partitions, such as:
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- 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.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- 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.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
Our Lake County Partition Attorneys Know Lake County
Lake County is a county located in the north-central region of the U.S. state of California. As of the 2010 census, the population was 64,665. The county seat is Lakeport. The county takes its name from Clear Lake, the dominant geographic feature in the county and the largest natural lake wholly within California. Lake County is part of the Wine Country, which also includes Napa, Sonoma, and Mendocino counties. It includes five incorporated cities: Clearlake, Lakeport, Middletown, Upper Lake, and Lucerne. The county is also home to numerous unincorporated communities, including Anderson Springs, Bachelor Valley, Blue Lakes, Clearlake Oaks, Glenhaven, Hidden Valley Lake, Kelseyville, Loch Lomond, Nice, and Witter Springs. The county is known for its natural beauty, including Clear Lake, the largest natural lake in California, and the surrounding hills and mountains. It is also home to a variety of wildlife, including black bears, mountain lions, and bald eagles. The county is also home to several state parks, including Clear Lake State Park, Anderson Marsh State Historic Park, and Cache Creek Wilderness.
Lake County, California was formed in 1861 from parts of Napa and Mendocino counties. The county was named after Clear Lake, the largest natural lake in California. The county seat is Lakeport. The first inhabitants of the area were the Pomo people, who lived in the area for thousands of years. The first non-native settlers arrived in the area in the 1850s, and the county was officially formed in 1861. In the late 19th century, the county was a major producer of timber, and the lumber industry was a major employer in the area. The timber industry declined in the early 20th century, and the county’s economy shifted to agriculture. In the 1950s, the county experienced a population boom due to the construction of the Clear Lake Dam, which created a large recreational lake. The county also experienced a surge in tourism due to its proximity to the Napa Valley wine region. Today, Lake County is known for its wineries, outdoor recreation, and its rural lifestyle.
Machado v. Title Guarantee & Trust Co. – Partition Action Case Study
In the legal case of Machado v. Title Guarantee & Trust Co., 15 Cal.2d 180 (1940), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Machado, sought to partition the property, while the defendant, Title Guarantee & Trust Co., argued that the property could not be partitioned because it was held in joint tenancy. The court ultimately held that the property could be partitioned, but only if the parties agreed to it. The court reasoned that since the property was held in joint tenancy, the parties had the right to partition the property, but only if they both agreed to it. The court also noted that if the parties could not agree on a partition, then the court could order a partition.
Contact an Experienced Partition Attorney in Lake County, 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 have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Lake County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (707) 777-6600 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Lake County, California
Our partition attorneys in Lake County also serve Clearlake, Lakeport, Kelseyville, Lower Lake, Hidden Valley Lake, Cobb, and Middletown
