Carlsbad Partition Lawyers
The City of Carlsbad was originally settled by ranchers in the 1860s. Once the Santa Fe Railway arrived in 1885, the city started to grow with homes, businesses, and agriculture. Today over 60% of homes are owner occupied. As a town with a rich history, residents of Carlsbad often own homes with others due to inheritance, which can lead to disputes with co-owners. Generally, the best Carlsbad 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 situations like this, it is important to be familiar with lis pendens in partition actions. Once a plaintiff has filed his or her complaint for partition, the plaintiff must immediately record a notice of the pendency of the action, a lis pendens, in the county recorder's office of each county where the real property described in the complaint is located. (CCP § 872.250(a).) The person required to record the lis pendens may either be the plaintiff or the cross-complainant. (Cal. L. Revision Comm. Comment to CCP § 872.250.)
If a party seeks to partition other real property in the same action, that party must record a supplemental notice immediately. (CCP § 872.250(b).) If the party fails to record, upon the court's motion or the motion of any of the parties at any time, the court must order that the party to record the notice and stay the proceeding until the notice has been recorded. The person who must record bears the expense of recordation. (CCP § 872.250(c).)
Failure to record a lis pendens immediately following the filing of the complaint, absent a showing of prejudice, will not invalidate a partition decree. (Rutledge v. Rutledge (1953) 119 Cal.App.2d 114, 120.) Another consequence of failing to file the lis pendens is that a subsequent bona fide purchaser and encumbrancer may not be bound by the judgment in the partition action. (Cal. L. Revision Comm. Comment to CCP § 872.250.)
It is important to note that a lis pendens is void and invalid as to any adverse party or owner of record unless the mailing requirements have been met by the party recording the notice, and a proof of service in compliance with Code of Civil Procedure § 1013(a) is recorded with the lis pendens. (CCP § 405.23.) These requirements should not be overlooked.
Once the lis pendens has been filed, all persons are considered to have notice of the action concerning the property as described in the notice. (CCP § 872.250.) A lis pendens acts essentially as constructive notice to anyone who takes a mortgage on the property. (Turner v. Bank of America Nat. Trust & Sav. Ass'n (1933) 135 Cal.App. 314.) A person intending to seek a partition of property should ensure that they adequately understand the process.
At Underwood Law Firm, our Carlsbad Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.