Ventura County Partition Lawyer

Partition Action Attorneys in Ventura County

Ventura County is a county located in the southern part of the U.S. state of California. It is located along the Pacific Ocean and is part of the Greater Los Angeles Area. The county seat is the city of Ventura. Ventura County is home to numerous cities, including Oxnard, Thousand Oaks, Simi Valley, and Santa Paula. It is also home to the Channel Islands National Park, which includes five of the eight Channel Islands. The county is known for its agricultural production, including strawberries, lemons, and avocados. It is also home to several military bases, including Naval Base Ventura County and Point Mugu.

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 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.
• What is a partition action and when is it necessary?
• Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
• How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
• How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.