Justia Lawyer Rating
Super Lawyers
Avvo Client's Choice
Avvo 10
Lawyers of Distinction
Million Dollar Advocates Forum
Expertise Badge

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.
"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 helped us set up our partnership and was straight forward and honest about the process and what was needed (so rare these days!). He gave us the expectation strait out and held to them (unlike the last corporate firm). Unfortunately when your new it takes a few to find the good ones. This is your guy!" O.A.
"Eli has been a great help to me. He is thoughtful and tries hard to achieve the best outcome, and is especially interested in avoiding litigation, and helping his client find the best way forward, even if it avoids conflict and makes his job smaller and simpler. I feel very comfortable with what was worked out, and sleep well over it. I give the highest recommendation to Eli!" D.W.
"Marcus and his team are true professionals and their attention to detail is impeccable. He definitely knows the right questions to ask and how to find the facts he needs to win your case. Having someone on your team who’s working hard behind the scenes can give you peace of mind during challenging times and that my friend is invaluable. He has a pretty unique approach that makes him special in what he does and that uniqueness make a huge difference. I highly recommend them!" C.F.