Concord Partition Lawyers
Concord is the largest city in Contra Costa County, California and was founded in 1869 as Todos Santos by Don Salvio Pacheco II, a noted Californio ranchero, but was changed to “Concord.” As one of the older cities in California, residents often find the need for a Concord Partition Lawyer to resolve joint ownership disputes.
A Concord Partition Attorney can handle a partition action, which is available as of right as to simultaneous interests in the property unless barred by a valid waiver. (CCP § 872.710(b)). The court, at either a contested or uncontested trial, determines whether the plaintiff has the right to partition. (see Assembly Legislative Committee Comment to Code Civ. Proc. § 872.710). There are at least four other scenarios where a Riverside Partition Lawyer can be helpful:
- Investor-Investor co-ownership of property;
- Boyfriend-Girlfriend co-ownership of property;
- Sibling-Sibling co-ownership of property; and
- Parent-Child co-ownership of property
Notably, a co owner does not have to have any reason for his or her demand to partition; the only indispensable requirement is that a clear title be present. (De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 124). In order to make the determination that the plaintiff has the right to partition, the court must find that the plaintiff has an interest in the property sufficient to maintain the action. Additionally, the court must find the existence of any special conditions prerequisite to partition of interests in special types of property. (see Assembly Legislative Committee Comment to Code Civ. Proc. § 872.710). A Concord Partition Attorney can ensure that this is all done properly.
Partition as to successive estates in the property will be allowed if it is in the best interest of all the parties. A Concord Partition Lawyer can assist in demonstrating the relevant factors to the court to determine whether the possessory interest has become unduly burdensome because of (i) Circumstances under which the estates were created and change in the circumstances since creation of the estates; (ii) Expense of ordinary or extraordinary repairs; (iii) Taxes or other charges; (iv) the property’s character and any change in it since creation of the estates; and (v) All other factors that would be considered by a court of equity having in mind the intent of the creator of the successive estates and the interests and needs of the successive owners.
Concord was incorporated on February 5, 1905, and for a long time the area in the surrounding Ygnacio and Clayton Valleys was a large agricultural area. Crops that were grown included grapes, walnuts, almonds, wheat, hay, and even tomatoes. During Prohibition, many vineyards were removed and replaced with walnut orchards. Now, conveniently located near San Francisco and the world-renowned wine country, Concord has a bustling downtown area, a burgeoning arts and food scene, and beautiful surrounding landscapes of mountains, valleys, and vineyards.
At the Underwood Law Firm, our Concord Partition Lawyers are excellent resources for understanding your rights as a joint owner of real estate and are ready to assist your partition needs.