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Buena Park Partition Lawyers

The city of Buena Park was founded in 1887 by James A. Whitaker, when he bought the land from Abel Stearns. Originally an agricultural center, Buena Park is now a residential suburb and commercial hub. As such, residents of Buena Park who own real estate may face disputes with co-owners. Generally, the best Buena Park 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

In the complaint for partition, the plaintiff is required to include all the interests that he or she has or claims in the disputed property. (CCP § 872.230(b).) If the plaintiff has a lien on the property and also an interest sufficient to maintain the suit, the plaintiff must set forth the lien including the other interest. (Assembly Legislative Comm. Comment to CCP § 872.230.) The plaintiff must also set forth his or her equitable title and the facts giving basis for the equity. (see Spader v. McNell (1900) 130 Cal. 500.)

If a claim exists that all the plaintiffs in the suit have an interest in the property, set forth by a note secured by a trust deed, and that the other known noteholders who were not joined as plaintiffs are joined as defendants, along with the unknown holders under fictitious names, the allegation is adequate even if it turns out that an owner was not included. (see Baumann v. Bedford (1941) 18 Cal. 3d 366.) The requirement of showing an estate of inheritance is satisfied if there is a plea of ownership of an undivided one-half interest equivalent to an averment of title in fee. (see Gunn v. Gunn (1st Dist. 1929) 102 Cal.App. 606.)

The plaintiff is also required to set forth all interests of record or interests the plaintiff actually knows about belonging to other parties in the property, or the interests of those the plaintiff reasonably believes will be materially affected by the suit whether or not the names of such persons are known to the plaintiff. (CCP § 872.230(c).) A plaintiff may incorporate a title report to satisfy such requirement as to recorded interests but not to the unrecorded interests that are known to the plaintiff. (see Assembly Legislative Comm. Comment to CCP § 872.230.) An allegation is defective if the plaintiff claims that the plaintiff and defendants are the owners of the property but fails to state their proportionate interests. (see Neusted v. Skernswell (1st Dist. 1945) 69 Cal.App.2d 361.)

Even if the title of interest of the parties are incorrectly stated in the complaint, a partition may still be made. (see De Uprey v. De Uprey (1865) 27 Cal. 329.) The failure to correctly state the precise character of the estate may be fixed if the pleader can show that he or she comes within the category of those with the right to sue for partition. (see Gunn v. Gunn (1st Dist. 1929) 102 Cal.App. 606.)

At Underwood Law Firm, our Buena Park 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.