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Chino Partition Lawyers

In its early days, the city of Chino was a popular stop for travelers during the California Gold Rush. The city was later incorporated in 1910. It wasn’t until the 1970s when the city of Chino developed into a small suburban city. Today, Chino is one of California’s fastest growing cities and Chino residents who own real estate may face disputes with co-owners. Generally, the best Chino 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

A top Chino Partition Attorney will be familiar with the appointment of receivers in partition actions. If the circumstances of the action require the appointment of a receiver, the superior court has the authority to appoint one as an ancillary remedy in a partition action among tenants-in-common. (see Blodgett v. Haddock (1949) 95 Cal.App.2d 17, 18.)

Such an appointment may be made ex parte or without notice if the petition or supporting affidavits show an imperative necessity or emergency. (see Lent v. H.C. Morris Co. (1938) 25 Cal.App.2d 305, 308.) For example, the appointment may be made where it is necessary in order to protect the parties’ interests while the action is being prosecuted. (see Woodward v. Superior Court of City and County of San Francisco (1892) 95 Cal. 272.) The best Chino Partition Attorney will be familiar with this process.

In an action by a tenant-in-common for partition, where a cotenant in sole possession is growing crop and refuses a tenant-in-common’s rights to the crop and threatens to sell the crop and seize the proceeds, an appointment of a receiver is proper. (see Baughman v Reed (1888) 75 Cal. 319.) If a spouse of a deceased life tenant has no rights in the property, but remains in possession of the property and unlawfully collects rents, without any means or assets to pay for any judgments relating to the unlawfully collected rents, an appointment of a receiver is also proper. (see Blodgett v. Haddock (1949) 95 Cal.App.2d 17.) In an action where the co-owners threaten a purchaser of an undivided interest in the property to dispose the property and wind up the co-tenancy affairs without interference, an appointment of a receiver may also be proper. (see Chalta v. Biller (1931) 212 Cal. 745.) A person who intends to partition their property by sale should consult a top Chino Partition Lawyer to ensure that they adequately understand the process.

The ex parte appointment of a receiver is not proper in cases where no other co-owner is interfering with the co-owner’s common possession and use of the property or rights. (see Reas v. Clemence (1916) 173 Cal. 106.) If the parties cannot come to an agreement on who payments should be made to under a contract for the sale of parts of the property, the court may appoint a receiver to help with the final judgment in partition. (see Rich v. Smith, 26 Cal.App. 775.)

At Underwood Law Firm, our Chino 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.