Corona Partition Lawyers

The city of Corona is located in the heart of Southern California and is frequently referred to as the “Circle City” due to the unique layout of its streets. As a diverse and well-educated city, many of Corona’s residents venture into the real estate market with one another. These relationships, although fruitful, may turn burdensome on the parties over time if they disagree on what to do with their shared property. These situations can often be solved with a partition action. An experienced Corona Partition Lawyer will give the best guidance when joint ownership situations require judicial action.

Corona Partition Attorneys usually find partition actions to be the best remedy for joint owners in disputes in four broad categories:

• Parent-Child shared tenants in common in real estate;
• Brother-Sister shared tenants in common in real estate;
• Investor-Investor shared tenants in common in real estate; and
• Significant others shared tenants in common in real estate;

A complaint filed with the court to initiate a partition action must adhere to the California Code of Civil Procedure requirements in section 872.230. The complaint must set forth (1) a description of the property that is subject to the action, (2) all interests the plaintiff has or claims in the property, (3) all interest of record in the property or all interests in the property known to the plaintiff which belongs to or is claimed by persons other than he, (4) the estate as to which partition is sought, and (5) if the plaintiff seeks sale of the property, an allegation of the facts justifying the relief in ordinary and concise language.

A knowledgeable Corona Partition Lawyer will explain that a complaint is subject to demurrer if it fails to allege any of the requirements adequately or the proportionate interest of the respective parties. One court said, “The allegation that ‘the plaintiff and defendants are the owners’ of the property fails to state the proportionate interests of the respective parties…it should at the very least state the proportionate undivided interest in the property owned by the plaintiff, and in an action for partition the statute expressly requires the proportionate interests of all parties to be alleged or if any of them are unknown that fact must be expressly pleaded.” (Neusted v. Skernswell (1945) 69 Cal.App.2d 361, 363-364.)

Immediately after filing the complaint, a Corona Partition Attorney knows that a plaintiff must then record a notice of the pendency of the action in the county recorder’s office of each county in which any real property described in the complaint is located. This is referred to as a “lis pendens.” (Code Civ. Proc. § 872.250.) This is a crucial step in the process because it enables the court to deal with the title with certainty. Before recordation, however, the party recording the notice must cause a copy of the notice to be mailed to all known addresses of the adverse parties and all owners of record of the real property affected by the claim. From the time of filing a lis pendens, the courts deem all persons have notice of the action. (Code Civ. Proc. § 872.250.)

At the Underwood Law Firm, our Corona Partition Attorneys are well-versed in the legal remedy of partition and its necessary steps. They are ready to help you with any of your partition needs.