Santa Barbara County Partition Lawyer

Understanding Co-Ownership in Santa Barbara County

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

  • Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
  • Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
  • 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 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 does a partition action work in California?

Partition Attorney in , California - Santa Barbara County Partition Lawyer

Our Santa Barbara County Partition Attorneys Know Santa Barbara County

Santa Barbara County is a county located on the Central Coast of California. It is the fifth-most populous county in California, with a population of 431,895 as of 2020. The county seat is Santa Barbara, the largest city in the county and the county’s only incorporated city. Santa Barbara County is known for its Mediterranean climate, beautiful beaches, and wine country. It is home to the University of California, Santa Barbara, and is a popular tourist destination. The county is home to a variety of industries, including agriculture, technology, and tourism. It is also home to several national parks and monuments, including the Channel Islands National Park and the Santa Ynez Mountains.

Santa Barbara County was first inhabited by the Chumash Native American tribe, who lived in the area for thousands of years. The first European to explore the area was Spanish explorer Juan Cabrillo in 1542. The area was later colonized by the Spanish in 1769, and the city of Santa Barbara was founded in 1782. The area was part of Mexico until 1848, when it became part of the United States after the Mexican-American War. In 1850, Santa Barbara County was established as one of the original 27 counties of California. The county has since grown to become one of the most populous counties in the state, with a population of over 440,000.

Blackburn v. Drake – Partition Action Case Study

In the legal case of Blackburn v. Drake, 211 Cal.App.2d 806 (1963), the issue was whether a partition of real property was proper. The dispute arose when the plaintiff, Blackburn, and the defendant, Drake, inherited a parcel of real property from their father. Drake wanted to partition the property, while Blackburn wanted to keep it intact. The court found that the partition was proper, as the property was not held in joint tenancy and the partition would not cause any prejudice to either party. The court also found that the partition would not interfere with the rights of any third parties, and that it was in the best interests of both parties.

Contact an Experienced Partition Attorney in Santa Barbara 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 Santa Barbara 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 Santa Barbara County, California