Santa Maria 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 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.
  • Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
  • What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
  • What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
  • What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.

Partition Attorney in Santa Maria, California - Santa Barbara County Partition Lawyer

Our Santa Maria Partition Attorneys Know Santa Barbara County

Santa Maria is a city located in the Central Coast region of California, about 120 miles northwest of Los Angeles. It is the largest city in Santa Barbara County and is known for its agricultural production, particularly strawberries. The city is home to a variety of attractions, including the Santa Maria Valley Historical Museum, the Santa Maria Valley Railroad, and the Santa Maria Valley Discovery Museum. The city also hosts a variety of festivals and events throughout the year, including the Santa Maria Valley Strawberry Festival and the Santa Maria Valley Wine & Food Festival. Santa Maria is also home to a number of wineries, restaurants, and shopping centers.

Santa Maria is a city in Santa Barbara County, California, located approximately 120 miles northwest of Los Angeles. The city was founded in 1874 by the Chumash Indians, who named it “Santayam”, meaning “Valley of the Sun”. The city was incorporated in 1885 and was named after the Spanish mission, Santa Maria de la Purisima Concepcion, which was built in 1787. In the late 19th century, the city became a major agricultural center, producing crops such as barley, beans, and wheat. The city also became a major center for oil production, with the discovery of the Santa Maria Oil Field in 1901. In the early 20th century, the city experienced a period of rapid growth, with the population increasing from 1,500 in 1900 to over 10,000 by 1920. During this time, the city developed a strong infrastructure, including a railroad, a port, and a hospital. In the 1950s, the city experienced a period of rapid growth, with the population increasing from 10,000 to over 50,000 by 1960. During this time, the city developed a strong economy, with the establishment of several large businesses, including the Santa Maria Valley Railroad, the Santa Maria Valley Hospital, and the Santa Maria Valley Airport. Today, Santa Maria is a thriving city with a population of over 100,000. The city is home to a variety of industries, including agriculture, oil production, and manufacturing. The city is also home to several educational institutions, including Allan Hancock College and the University of California, Santa Barbara.

Goesele v. Bimeler – Partition Action Case Study

In the legal case of Goesele v. Bimeler, 55 U.S. 589 (1852), the issue was whether a partition of real estate could be made without the consent of all the owners. The case involved a dispute between two brothers, John and Jacob Goesele, who owned a tract of land in Ohio. John wanted to partition the land, but Jacob refused to consent. The court held that a partition could not be made without the consent of all the owners, and that the partition was void. The court also held that the partition could not be enforced against Jacob, as he had not consented to it. This case established the principle that a partition of real estate cannot be made without the consent of all the owners.

Contact an Experienced Partition Attorney in Santa Maria, 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 Santa Maria 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 Maria, California