Experienced Partition Attorneys Serving Ventura County
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:
- 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.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- 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 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 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.
Speak to Our Ventura County Partition Attorneys Today
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Partition Actions in Ventura County
Partitions are quite common in Ventura County. According to Zillow, the median home value in Ventura County, California is $619,000 as of 2021. As of July 1, 2019, the population of Ventura County, California was 846,837.
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.
Balkins v. Los Angeles County – Partition Action Case Study
In the legal case of Balkins v. Los Angeles County, 81 Cal.App.2d 42 (1947), the issue of partition was at the center of the dispute. The plaintiff, Balkins, owned a parcel of land in Los Angeles County that was divided into two parts by a road. The defendant, Los Angeles County, had taken possession of one of the parts of the land for the purpose of constructing a road. The plaintiff argued that the defendant had no right to take possession of the land without first obtaining a court order for partition. The court held that the defendant had no right to take possession of the land without first obtaining a court order for partition, and that the plaintiff was entitled to a partition of the land. The court also held that the defendant was liable for damages for the taking of the land without a court order.
Contact our Team of Experienced Partition Lawyers Serving the Ventura County County 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 Ventura County also serve the nearby areas of Los Angeles County, Santa Barbara County, Kern County, San Luis Obispo County including Oxnard, Thousand Oaks, Simi Valley, Ventura, Camarillo, Moorpark, Fillmore, Santa Paula, Ojai, Port Hueneme.