Oxnard Partition Lawyers

The town of Oxnard was founded in 1897 by Henry T. Oxnard, the founder of a sugar beet factory. Today, Oxnard is the most populous city in the County of Ventura with over 200,000 residents and over 50,000 housing units. This suggests that many homes are joint owned. As such, residents of Oxnard who own real estate may face disputes with co-owners. Generally, the best Oxnard Partition Lawyers usually find partition action to be the best remedy for disputing co-owners in four broad categories:

• Split real estate dispute;
• Brother-Sister real estate dispute;
• Investor-Investor real estate dispute; and
• Significant other real estate dispute

As such, it is important to be familiar with the judicial partition of property subject to homestead. In determining whether the property subject to a homestead may be partitioned, the court looks to the nature of the homestead. In general, the rule is that homestead rights of a co-owner in his or her interest do not bar another co-owner from seeking a partition. (see Young v. Hessler (1945) 72 Cal.App.2d 67, 69.) Code of Civil Procedure section 872.710 does not provide an absolute right to partition of property where a homestead has been declared. (Assembly Legislative Committee Comment to CCP § 872.710.)

However, a judge may decide to not include the parcel of the common property in the partition if it is subject to a probate homestead and doing so would harm a surviving spouse's property rights in his or her lifetime. (see Mills v. Stump (1912) 20 Cal.App. 84, 90-91.) Additionally, where a married couple hold the common property as joint tenants, subject to a valid homestead, one spouse may not be allowed to seek an action for partition of the homestead. (see Walton v. Walton (1943) 59 Cal.App.2d 26, 36.) In the case where a former spouse declares a homestead after a judgment of divorce has been entered, a spouse is allowed to bring a partition action. (see Squibb v. Squibb (1961) 190 Cal.App.2d 766, 770.) Accordingly, it is very valuable to be aware of the rules concerning property subject to homestead relating to married and divorced spouses.

Where the judgment of divorce does not include a proper disposition of the homestead, a party may bring a suit in partition for a statutory homestead on community property. (see Lang v. Lang (1920) 182 Cal. 765.) This is not the case if the homestead was imposed on property owned jointly or in common by a married couple without other co-owners. Generally, property subject to a probate or statutory homestead is not allowed to be the subject of a partition action. The property subject to a valid homestead may be characterized as being subject to a trust imposed by law that would be defeated by an action for partition. (Walton, 59 Cal.App.2d 26.) A person seeking to partition their property should consult ensure that they adequately understand the process.

At Underwood Law Firm, our Oxnard Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.