Partition Actions in Simi Valley
Simi Valley is a city located in Ventura County, California, United States. It is situated in the southeast corner of the county, nestled between the Santa Susana Mountains and the Simi Hills. The city is known for its low crime rate, excellent schools, and its proximity to Los Angeles and the San Fernando Valley. Simi Valley is home to the Ronald Reagan Presidential Library, the Santa Susana Field Laboratory, and the Simi Valley Cultural Arts Center. The city is also home to a variety of parks, trails, and recreational activities. Simi Valley is a great place to live, work, and play.
According to Zillow, the median home value in Simi Valley, California is $619,400 as of 2021. The population of Simi Valley, California is estimated to be 126,818.
Experienced Real Estate Partition Action Attorneys Serving Simi Valley
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:
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- 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.
Speak to Our Simi Valley 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
Emeric v. Alvarado – Partition Action Case Study
In the legal case of Emeric v. Alvarado, 8 P.C.L.J. 1018 (1884), the issue was whether a partition of a piece of land could be made without the consent of all the owners. The case involved two brothers, Emeric and Alvarado, who owned a piece of land together. Emeric wanted to partition the land, but Alvarado refused to consent to the partition. The court held that a partition could not be made without the consent of all the owners, and that Emeric could not partition the land without Alvarado’s consent. The court also held that Alvarado had the right to refuse to consent to the partition, and that Emeric could not force him to do so.
Contact our Team of Experienced Partition Lawyers Serving the City of Simi Valley, County of Ventura, California
Our Simi Valley partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law, call (805) 880-8800 or contact us online today.
Our partition attorneys in Simi Valley also serve Thousand Oaks, Moorpark, Westlake Village, Agoura Hills, Calabasas, Chatsworth, Northridge, and Porter Ranch
