Understanding Co-Ownership in San Diego County
Our team of partition attorneys in San Diego can assist co-owners with frequently asked questions about partitions, such as:
- What is a partition action and when is it necessary?
- 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.
- 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.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
Our Vista Partition Attorneys Know San Diego County
Vista is a city located in San Diego County, California. It is situated just seven miles inland from the Pacific Ocean and is known for its mild climate and beautiful views of the surrounding hills and valleys. Vista is a popular destination for outdoor recreation, shopping, and dining. The city is home to several parks, trails, and golf courses, as well as a vibrant downtown area with a variety of restaurants, shops, and entertainment venues. Vista is also home to several educational institutions, including California State University San Marcos and Palomar College.
Vista, California was founded in 1882 by Edward and Anna Murphey. The Murpheys purchased the land from the San Luis Rey Mission and named it Rancho Buena Vista. The area was primarily used for farming and ranching until the 1950s when the population began to grow rapidly due to the influx of military personnel and their families. The city was incorporated in 1963 and has since grown to become a thriving suburban community. Vista is now home to a diverse population of over 100,000 people and is known for its beautiful views of the Pacific Ocean and its vibrant downtown area.
Green v. Fisk – Partition Action Case Study
In the legal case of Green v. Fisk, 103 U.S. 518 (1880), 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, William and John Green, over the partition of their father’s estate. William wanted to partition the estate, while John objected. The Supreme Court held that a partition of real estate could not be made without the consent of all the owners, and that William’s attempt to partition the estate was invalid. The Court also held that the partition could not be made without the consent of the other owners, even if the partition was made in good faith. This decision established the principle that a partition of real estate must be made with the consent of all the owners.
Contact an Experienced Partition Attorney in Vista, 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 Vista have years of experience ending co-ownership disputes in California and can help you unlock the equity in your San Diego County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (760) 999-3300 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Vista, California
Our partition attorneys in Vista also serve Carlsbad, Oceanside, San Marcos, Escondido, Encinitas, Shadowridge, Buena Creek, and Lake San Marcos
