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.