The City of Upland was originally an irrigation colony that later became known for its citrus groves. It wasn’t until 1954 when Interstate 10 was completed that the city of Upland began its transition from an agricultural area to a residential and commercial community. As the population continues to rise and the residential community continues to grow, residents of Upland who own real estate may face disputes with co-owners. Generally, the best Upland Partition Lawyers usually find partition action to be the best remedy for disputing co-owners in four broad categories:
Generally, the homestead rights of a co-owner in his or her interest in the common property do not preclude that co-owner from bringing an action in partition. (see Young v. Hessler (1945) 72 Cal.App.2d 67.) A “homestead” owner is a person who declares their property to be part of a “homestead” under the law. (CCP § 704.910(d.)) A homestead declaration generally has several parts that are required to be included to be valid. (see CCP § 704.910(d)(1-2).) However, a judge may decide not to include a part of the common property, subject to a probate homestead, in the partition of the property in order to protect the surviving spouse’s property rights during her lifetime. (see Mills v. Stump (1912) 20 Cal.App 84, 90-91.)
If the common property is set aside as a probate homestead favoring the surviving spouse and minor child, and the child and others have the remainder, the child is not allowed in the partition action to ask for the sale of property and investments of the proceeds during the surviving spouse’s lifetime even where the surviving spouse rented the property and stopped living there, and the child has become an adult. (see Krieg v. Crawford (1922) 59 Cal.App.309.)
If the statutory homestead is destroyed by a judgment for divorce in which the interests in the homestead has not been properly distributed, the parties become tenants in common and either party may bring a partition suit. (see Lang v. Lang (1920) 182 Cal. 765.) If the spouses held the common property as joint tenants, subject to a valid homestead, then one spouse waives and may be barred from bringing a partition action. (see Kaupe v. Kaupe (1955) 131 Cal.App.2d 511, 514.)
Married persons who own the property as joint tenants or tenants in common and are qualified under the statute making them a class able to partition the property have the same rights in a partition action as unmarried persons. (see McCracken v. McCracken (1946) 75 Cal.App.2d 872.) As such, either spouse who own the property as joint tenants has a right to partition the property. (see Kaupe v. Kaupe (1955) 131 Cal.App.2d 511.) If the property is characterized as community property, quasi-community property, or a quasi-marital interest in the property, the property may not be divided in a partition action.
At Underwood Law Firm, our Upland Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.