Understanding Co-Ownership in Ventura County
Our team of partition attorneys in Ventura can assist co-owners with frequently asked questions about partitions, such as:
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
Our Oxnard Partition Attorneys Know Ventura County
Oxnard is a coastal city located in Ventura County, California. It is situated along the Pacific Ocean, approximately 60 miles northwest of Los Angeles. Oxnard is known for its beautiful beaches, agricultural production, and its vibrant downtown area. The city is home to a variety of attractions, including the Channel Islands National Park, the Oxnard Historic District, and the Oxnard Performing Arts Center. Oxnard is also home to a number of festivals and events throughout the year, including the California Strawberry Festival and the Oxnard Salsa Festival. With its mild climate, beautiful scenery, and diverse attractions, Oxnard is a great place to visit or live.
Oxnard, California was founded in 1903 by Henry T. Oxnard, a wealthy sugar beet farmer from Minnesota. The city was named after him and was incorporated in 1903. Oxnard quickly became a major agricultural center, producing sugar beets, lima beans, strawberries, and other crops. The city also became a major shipping port for the agricultural products. In the 1950s, Oxnard began to diversify its economy, becoming a major center for manufacturing and defense industries. The city also became a popular tourist destination, with its beaches and nearby attractions. Today, Oxnard is a thriving city with a population of over 200,000. It is home to a variety of industries, including agriculture, manufacturing, defense, and tourism. The city is also home to a number of cultural attractions, including the Carnegie Art Museum, the Oxnard Performing Arts Center, and the Oxnard Historic District.
Center v. Davis – Partition Action Case Study
In the legal case of Center v. Davis, 113 Cal. 307 (1896), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Center, owned a one-third interest in a piece of real estate with two other owners, Davis and another individual. Center sought to partition the property, but Davis refused to consent. The court held that a partition could not be made without the consent of all the owners, and that Davis had the right to refuse to consent to the partition. The court reasoned that a partition would be a violation of Davis’ right to possess and enjoy the property, and that it would be unfair to force him to give up his interest in the property without his consent.
Contact an Experienced Partition Attorney in Oxnard, California
If you want to end your co-ownership relationship, but your co-owner refuses, a partition action is your only option. Our experienced partition lawyers serving Oxnard 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 a knowledgeable 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 Oxnard, California
Our partition attorneys in Oxnard also serve Ventura, Camarillo, Port Hueneme, Santa Paula, Fillmore, and Thousand Oaks
