Jointly Owned Property Issues in
Our team of partition attorneys in Ventura can assist co-owners with frequently asked questions about partitions, such as:
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- 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 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.
- Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
- 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 Ventura County Partition Attorneys Know Ventura County
Ventura County is a county located in the southern part of the U.S. state of California. It is located along the Pacific Ocean and is part of the Greater Los Angeles Area. The county seat is the city of Ventura. Ventura County is home to numerous cities, including Oxnard, Thousand Oaks, Simi Valley, and Santa Paula. It is also home to the Channel Islands National Park, which includes five of the eight Channel Islands. The county is known for its agricultural production, including strawberries, lemons, and avocados. It is also home to several military bases, including Naval Base Ventura County and Point Mugu.
Ventura County, California is home to a variety of real estate options. From beachfront properties to sprawling ranches, there is something for everyone. Beachfront Properties: Ventura County is home to some of the most beautiful beaches in California. From Malibu to Oxnard, there are plenty of beachfront properties to choose from. Whether you’re looking for a vacation home or a permanent residence, beachfront properties offer stunning views and easy access to the ocean. Ranches: Ventura County is home to many sprawling ranches. These properties are perfect for those looking for a rural lifestyle. Many of these properties feature acres of land, barns, and other amenities. Condos and Townhomes: For those looking for a more urban lifestyle, Ventura County has plenty of condos and townhomes. These properties are perfect for those who want to be close to the city but still have the convenience of a home. Apartments: Ventura County also has a variety of apartments available. These properties are perfect for those who want to live in the city but don’t want to commit to a long-term lease. Commercial Properties: Ventura County is home to a variety of commercial properties. From office buildings to retail stores, there are plenty of options for those looking to invest in commercial real estate.
Balkins v. Los Angeles County – Partition Action Case Study
In the legal case of Balkins v. Los Angeles County, 81 Cal.App.2d 42 (1947), the issue of partition was at the center of the dispute. The plaintiff, Balkins, owned a parcel of land in Los Angeles County that was divided into two parts by a road. The defendant, Los Angeles County, had taken possession of one of the parts of the land for the purpose of constructing a road. The plaintiff argued that the defendant had no right to take possession of the land without first obtaining a court order for partition. The court held that the defendant had no right to take possession of the land without first obtaining a court order for partition, and that the plaintiff was entitled to a partition of the land. The court also held that the defendant was liable for damages for the taking of the land without a court order.
Contact an Experienced Partition Attorney in Ventura County, California
If you want to end your co-ownership relationship, but your co-owner won’t agree, 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 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 Ventura County, California
Our partition attorneys in Ventura County also serve Oxnard, Thousand Oaks, Simi Valley, Ventura, Camarillo, Moorpark, Fillmore, Santa Paula, Ojai, Port Hueneme, and Santa Barbara
