Thousand Oaks Partition Lawyers

The City of Thousand Oaks has a history dating back to hundreds of years ago when the Chumash Native Americans first settled in the valley. It wasn't until October 7, 1964 that the town was incorporated. Today, the town is the second largest in Ventura County with almost 70% of homes being owner-occupied. This suggests that many Thousand Oaks homes are jointly owned. As such, residents of Thousand Oaks who own homes may face disputes with co-owners. Generally, the best Thousand Oaks 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

Generally, partition actions are equitable in nature. (see Lazzarevich v. Lazzarevich (1952) 39 Cal.2d 48.) As such, partition actions generally include an accounting so that the rights of the parties can be adjusted and settled. (see In re Flynn (2003) 297 B.R. 599.) The court may, in all partition cases, make an order for an allowance, accounting, contribution, or other compensatory judgment among the parties in accordance with the principles of equity. (CCP § 872.140.)

The accounting must take into consideration and include the charges on each of the co-owner's interest. Credits may include expenses that go beyond the co-owner's portion of his or her interest for essential repairs, property improvements that add to the property's value, taxes, principal and interest payments on mortgages and other liens, insurance for the common benefit, and title protection and preservation. (see Wallace v. Daley (1990) 220 Cal.App. 3d 1028.)

In an action for partition, a tenant in common who is not in possession of the property may demand his or her cotenant in possession to account for the rents and profits that cotenant received from other persons. (In re Flynn, 297 B.R. 599.) A tenant who is in possession is permitted to subtract the amount he or she has paid for taxes, and for necessary and proper repairs and additions to the property from the rents and profits he or she collected. (see Goodenow v. Ewer (1860) 16 Cal. 461, 472.) Where a tenant in possession seeks a contribution for the improvements made or expenses to protect and preserve the property, the court may charge that tenant with the reasonable value of his or her occupancy or use. (see Hunter v. Schultz (1996) 240 Cal.App.2d 24, 31-31.)

Where a cotenant paid more than his or her fractional share of the purchase price for the property, he or she is permitted to an accounting. (see Demetris v. Demetris (1954) 125 Cal.App.2d 440.) Where a cotenant paid a debt or obligation for the common benefit of the property, he or she is entitled to recover from another cotenant who received the benefit of such payment. (see Willmon v. Koyer (1914) 168 Cal. 369.)

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