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Oxnard Partition Lawyer

Partition Actions in Oxnard

Oxnard is a coastal city located in Ventura County, California. It is situated along the Pacific Ocean, approximately 60 miles northwest of Los Angeles. Oxnard is known for its beautiful beaches, agricultural production, and its vibrant downtown area. The city is home to a variety of attractions, including the Channel Islands National Park, the Oxnard Historic District, and the Oxnard Performing Arts Center. Oxnard is also home to a number of festivals and events throughout the year, including the California Strawberry Festival and the Oxnard Salsa Festival. With its mild climate, beautiful scenery, and diverse attractions, Oxnard is a great place to visit or live.

According to Zillow, the median home value in Oxnard, California is $541,400 as of 2021. As of 2020, the population of the California area of Oxnard is 207,906.

Experienced Real Estate Partition Action Attorneys Serving Oxnard

Talkov Law’s attorneys serving Ventura County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.

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

  • How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
  • Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
  • Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
  • What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.

Speak to Our Oxnard 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

    Center v. Davis – Partition Action Case Study

    In the legal case of Center v. Davis, 113 Cal. 307 (1896), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Center, owned a one-third interest in a piece of real estate with two other owners, Davis and another individual. Center sought to partition the property, but Davis refused to consent. The court held that a partition could not be made without the consent of all the owners, and that Davis had the right to refuse to consent to the partition. The court reasoned that a partition would be a violation of Davis’ right to possess and enjoy the property, and that it would be unfair to force him to give up his interest in the property without his consent.

    Contact our Team of Experienced Partition Lawyers Serving the City of Oxnard 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 Oxnard also serve Camarillo, Ventura, Port Hueneme, Santa Paula, and Thousand Oaks.

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