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Bakersfield Partition Lawyers

The City of Bakersfield was named after Thomas Baker, a lawyer and former colonel, who was attracted to the area during the California gold rush. In 1880, Bakersfield had a population of 801 residents. Today, Bakersfield is home to over 400,000 residents. Roughly 60% of the housing units in Bakersfield are owner-occupied which suggests that many of the homes are jointly owned. As such, residents of Bakersfield who own property may face disputes with co-owners. Generally, the best Bakersfield 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

Every partition action involves issues of jurisdiction, venue, and potentially consolidation. Partition actions are equitable in nature and the superior courts have jurisdiction over partition actions under Code of Civil Procedure section 872.110. (CCP § 872.110(a).)

It is important to note that a probate court's control over the property to be partitioned before the estate is distributed is not the same as the exclusive jurisdiction over such property. (see Mears v. Jeffry (1947) 80 Cal.App.2d 160.) A suit under the partition statutes or allocation of property is limited to the property interests that are subject to distribution and it does not include other interests except where the owners of other interests agree to be bound by the partition, allotment, or other division. (Prob. Code § 11950(b).)

Code of Civil Procedure section 872.110 provides the guidelines in determine which county is proper for the trial of partition actions. For the purposes of this provision, the term "real property" encompasses not only one entire tract, but also multiple different parcels. (see Murphy v. Superior Court of Los Angeles County (1902) 138 Cal. 69.) Where the partition action concerns real property or both real and personal property, the proper venue for trial is where the real property or some part of the real property is located. (CCP § 872.110(b)(1).) Where the partition action concerns only personal property, the proper venue for trial is where the personal property is principally located when the action is commenced or where any of the defendants reside at the time the action is commenced. (CCP § 872.110(b)(2).)

It is proper for a judge to consolidate two actions and dispose of the issues involved in a single trial if the actions brought directly or indirectly affect the right to partition. (see Bixby v. Bent (1881) 59 Cal. 522.) For example, the judge may consolidate a partition suit and try it with another action later commenced to foreclose a mortgage on the same disputed property if all the parties concur that a partition is appropriate to subordinate the mortgagee's right of foreclosure. (see Kuns v. Dias (1917) 32 Cal.App. 651.) A person intending to seek a partition of property should ensure that they adequately understand the process.

At Underwood Law Firm, our Bakersfield 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.