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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.

Client Reviews
“We were in need of a real estate attorney. Eli Underwood provided excellent legal advice and services. He explained everything well and followed through with all important issues that needed attention. We found him to be reliable, courteous, patient and extremely professional. We highly recommend Mr. Underwood without any reservations.” I.S.
"I own a real estate investment company that operates across multiple states (California, Washington, Oregon, Montana, and more), whenever I run into an issue that needs legal attention, Eli is my first call. I've been working with him for years. He is an amazing attorney and I highly recommend him." Thank you for your help Sir!" T.W.
"Mr. Underwood is a fantastic Lawyer with extraordinary ethics. He responds quickly, which is rare these days, and he is very knowledgeable in his craft. It was a pleasure working with him and we will definitely use his services in the future if needed. Thank you for your help Sir!" M.O.
"Eli took our case and controlled every hurdle put before us. I one time commented to him that he must love his job because it seemed that he was always available. When talking about my case to anyone I always bring up where, I believe, the other parties Lawyer tried to take advantage of my wife and me. Eli stopped him in his tracks. On top of it being easy to work with Eli, it was a pleasure to have had him represent us. We were in good hands." E.T
"We were in need of an attorney with considerable knowledge of real estate law and the legal issues related to property ownership. Eli Underwood went above and beyond our expectations. In keeping us abreast of our suit, his communication skills were outstanding. This talent was especially demonstrated when dealing with the apposing counsel. We feel this gave us a tremendous advantage over the opposing party that resulted in us reaching a successful outcome. I would highly recommend Eli Underwood as we found him to be an exceptional attorney." P.B.
"In our need for legal services we found Eli to be well informed and on top of our case and our needs. Our's was not an ordinary case as it was a case with many facets. It was a very convoluted case. There were multiple owners involved in a property dispute where one of the owners sued the rest of the owners with a Partition Suit. Needless to say Eli was instrumental in helping us resolve our differences and gained us a profitable sale all with good end results for all. If you hire Eli Underwood you will not be disappointed!" M.A.