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. 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
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 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.