Ventura Partition Lawyers

The City of Ventura was originally founded on March 31, 1782, when Saint Junípero Serra established Mission San Buenaventura. However, the history of the humans on the land goes as far back as 12,000 years ago. As a bustling town, residents of Ventura often own homes with others, which can lead to disputes with co-owners. Generally, the best Ventura 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 a general rule, a co-owner of the property is not permitted to partition only a part of the property and have their interest located only in that part as partitions are usually made of the entire property held in common. (see Sutter v. City and County of San Francisco (1868) 36 Cal. 112.) It is important to note, however, that the law does not require that the whole property be included in the partition action if the property to be partitioned falls under the description given in the partition statutory provisions. (see Adam v. Hopkins (1904) 144 Cal. 19.) In one case, the partition of less than the entire unitized oil properties was not granted over the resistance of a co-owner where there was no showing that the partition of the entire property was highly difficult or unsuitable. (see Thomas v. Witte (1963) 214 Cal.App.2d 322.)

In some cases, the partition of a part of or all of the property interests is permitted. (see Legislative Comm. Comment to CCP § 872.230.) To commence a partition action, the plaintiff must state the property in dispute in his or her complaint. (CCP § 872.720(d).) The plaintiff need only join those individuals who have interests in the property in dispute. (see Legislative Comm. Comment to CCP § 872.510.)

If it is highly inconvenient or impracticable for the court to order a single interlocutory judgment determining the parties' interests in the property, the judge may first determine the original concurrent or successive owners'' interests and then make an interlocutory judgement as if they were the only parties with interest and only parties in the action. The judge may then continue in like manner as between the original concurrent or successive owners and the parties claiming beneath them or the judge may allow the interests to stay without further partition if that is what the parties want. (CCP § 872.720(b).)

The partition statutes also apply where an original cotenant passes and his or her estate is in administration. At the request of an heir of a deceased co-owner, the judge who partitioned the property between the co-owners may permit the heir to remain a tenant in common of the part allocated to the deceased co-owner's estate. (see Richardson v. Loupe (1889) 80 Cal. 490.)

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