Thousand Oaks Partition Lawyer

Partition Actions in Thousand Oaks

Thousand Oaks is a city located in Ventura County, California. It is part of the Greater Los Angeles Area and is located approximately 40 miles northwest of downtown Los Angeles. Thousand Oaks is known for its beautiful scenery, excellent schools, and low crime rate. The city is home to many parks, trails, and open spaces, making it a great place for outdoor activities. Thousand Oaks is also home to a variety of shopping, dining, and entertainment options. The city is known for its high quality of life and is a popular destination for families and retirees.

According to Zillow, the median home value in Thousand Oaks, California is $717,400 as of 2021. As of the 2019 US Census, the population of Thousand Oaks, California is 131,639.

Experienced Real Estate Partition Action Attorneys Serving Thousand Oaks

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:

  • 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 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 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.
  • 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.
  • Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.

Speak to Our Thousand Oaks 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

    Elbert, Limited, v. Nolan – Partition Action Case Study

    In the legal case of Elbert, Limited, v. Nolan, 32 Cal.2d 610 (1948), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Elbert, Limited, sought to partition the property, while the defendant, Nolan, argued that the property should not be partitioned. The court ultimately held that the property should be partitioned, finding that the plaintiff had a right to partition the property under California law. The court also held that the defendant had no right to prevent the partition, as the plaintiff had a vested interest in the property. The court also noted that the defendant had failed to show any legal or equitable grounds for denying the partition.

    Contact our Team of Experienced Partition Lawyers Serving the City of Thousand Oaks, County of Ventura, California

    Our Thousand Oaks 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 at (805) 880-8800 or contact us online today.

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