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Camarillo Partition Lawyer

Partition Actions in Camarillo

Camarillo is a city located in Ventura County, California. It is located in the Oxnard Plain, an area known for its agricultural production. The city is known for its mild climate, with temperatures rarely exceeding 85 degrees Fahrenheit. Camarillo is home to California State University Channel Islands, as well as numerous parks, trails, and recreational areas. The city is also home to the Camarillo Premium Outlets, a popular shopping destination. Camarillo is a great place to live, work, and play, offering a variety of activities and attractions for all ages.

According to Zillow, the median home value in Camarillo, California is $637,400 as of 2021. As of July 2020, the population of the Camarillo area of California is estimated to be 65,945.

Experienced Real Estate Partition Action Attorneys Serving Camarillo

Talkov Law’s attorneys serving Ventura County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.

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

  • 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 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.
  • How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
  • How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
  • 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.

Speak to Our Camarillo Partition Attorneys Today

Call our Ventura County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (805) 880-8800 or contact us below to schedule a free, 15-minute consultation

    Kuns v. Dias – Partition Action Case Study

    In the legal case of Kuns v. Dias, 32 Cal.App. 651 (1917), the issue was whether a partition of a piece of real property was valid. The plaintiff, Kuns, owned a piece of real property with two other individuals, Dias and Silva. Kuns and Dias agreed to partition the property, with Kuns taking the northern portion and Dias taking the southern portion. Silva, however, refused to join in the partition and instead sought to have the property sold and the proceeds divided among the three owners. The court held that the partition was valid, as Silva had not objected to the partition in a timely manner and had not taken any action to prevent it. The court also held that Silva was not entitled to a share of the proceeds from the sale of the property, as he had not joined in the partition.

    Contact our Team of Experienced Partition Lawyers Serving the City of Camarillo in the County of Ventura, California.

    Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (805) 880-8800 or contact us online for a free consultation about your co-ownership issues.

    Our partition attorneys in Camarillo also serve Somis, Santa Rosa Valley, Newbury Park, Thousand Oaks, Oxnard, Ventura, and Moorpark.

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