Chula Vista Partition Lawyers

The land of Chula Vista was established in 1796. The first home in Chula Vista was built in 1885. Today, there are about 80,000 housing units in Chula Vista. As a town with rich history, residents of Chula Vista often own property with others due to inheritance, which can lead to disputes with co-owners. Generally, the best Chula Vista 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

Someone looking to partition property should ensure that they understanding the rules involved with community property and successive estates subject to judicial partition. Code of Civil Procedure § 872.210(b) precludes community property from being subject to partition. As such, a partition action brought by spouses or putative spouses for their community or quasi-community property, or their quasi-marital interest in the property, may not be commenced or maintained. (CCP § 872.210(b).)

The purpose of this statute is to promote the policy that the resolution of disputes concerning marital property shall be held solely in the family law court. (Assembly Legislative Comm. Comment to CCP § 872.210.) As such, no partitions of marital property can be held in civil court; they are solely restricted to family court. It is important to note that Code of Civil Procedure § 872.210 does not preclude the partition of other estates of property interest that exist concurrently or successively with the community interests, and only precludes the division of the spouses’ community interests. (Assembly Legislative Comm. Comment to CCP § 872.210.)

Generally, a partition action may be brought and maintained by a co-owner of personal property, or an owner of an estate of inheritance, an estate for life, or an estate for years in real property when the property or estate therein is owned by several persons concurrently or in successive estates. (CCP § 872.210(a).) A person intending to seek an action in partition should ensure that they adequately understand the process.

The partition of successive estates is permitted where such partition will be in the best interest of all the parties. (CCP § 872.210(c).) In considering whether the possessory interest has become unduly burdensome, the court will look to factors such as taxes or other charges, expense of ordinary or extraordinary repairs, character of the property and change in the character of the property since creation of the estates, circumstances under which the estates were created and change in the circumstances since creation of the estates, and all other factors that a court of equity would consider having in mind the creator’s intent and the interests and needs of the successive owners. (CCP § 872.710(c).) This statutory provision gives the judge broad discretion in partition actions of successive estates. (Assembly Legislative Comm. Comment to CCP § 872.710.)

At Underwood Law Firm, our Chula Vista Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.