Justia Lawyer Rating
Super Lawyers
Avvo Client's Choice
Avvo 10
Lawyers of Distinction
Million Dollar Advocates Forum
Expertise Badge

Costa Mesa Partition Lawyers

Costa Mesa is a city in Orange County and as incorporated in 1953. It has since grown from a rural farming community to an urban area with an economy based on retail and commerce. As a rapidly growing city with new industries, many Costa Mesa residents often find themselves entering partnerships with other members of their community in order to integrate the strengths of two or more investors for a single pursuit. However, partnerships are not immune to disagreements arising from a shared investment. Fortunately, a Costa Mesa Partition Lawyer can help explain the legal remedy of partition for those partners that wish to step away from their joint venture.

Partnership disagreements are not the only scenarios where a joint owner may seek partition of shared property. Costa Mesa Partition Lawyers usually find partition actions to be the best remedy for joint owners in disputes in four broad categories:

  • Investor-Investor dispute over real property;
  • Brother-Sister dispute over real property;
  • Parent-Child dispute over real property; and
  • Significant others dispute over real property;

Partition is a remedy favored in the law and may be effective either by an agreement of the co-owners or by judgment in an action in court. The purpose of partition is to allow a party to obtain severed title to some portion of the property owned in common. To the extent that the court determines partition is a suitable remedy, a Costa Mesa Partition Attorney knows the action may apply to a proceeding for partnership accounting and dissolution or in an action for partition of partnership property, so long as the rights of unsecured creditors are not prejudiced. Such is true even when the property is held in the name of one partner. As one court noted, “It has been held that parties may orally agree upon a joint partnership or joint venture pertaining to the business of engaging in mining ventures and the partnership, as such, may own mines or lease or sell them, and property of the partnership, although held in the name of one partner, may be partitioned in a partnership accounting.” (Brown v. Fairbanks (1953) 121 Cal.App.2d 432.)

In a partnership dissolution action, a court has the authority to make a distribution of the partnership’s real property. The California Code of Civil Procedure section 872.730 codifies prior case law to the effect that partition is an appropriate remedy where the affairs of the partnership are sufficiently settled and what remains is the division or sale of the property. A Costa Mesa Partition Lawyer can explain that this refers to the physical division of property held in common within the partnership. This remedy, however, is conditioned on the court’s finding that the partnership obligations do not require a partition by sale or that such a form of partition is a more favorable solution to the parties. (See Logoluso v. Logoluso (1965) 233 Cal.App.2d 523.)

At the Underwood Law Firm, our Costa Mesa Partition Attorneys are well-versed in the legal remedy of partition. Whether disagreements arise over the future of a shared property jointly owned by family and friends or partners who wish to dissociate and go separate ways, our Costa Mesa Partition Layers are ready to help.

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.
"I own a real estate investment company that operates across multiple states (California, Washington, Oregon, Montana, and more), whenever I run into an issue that needs legal attention, Eli is my first call. I've been working with him for years. He is an amazing attorney and I highly recommend him." Thank you for your help Sir!" T.W.
"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 took our case and controlled every hurdle put before us. I one time commented to him that he must love his job because it seemed that he was always available. When talking about my case to anyone I always bring up where, I believe, the other parties Lawyer tried to take advantage of my wife and me. Eli stopped him in his tracks. On top of it being easy to work with Eli, it was a pleasure to have had him represent us. We were in good hands." E.T
"We were in need of an attorney with considerable knowledge of real estate law and the legal issues related to property ownership. Eli Underwood went above and beyond our expectations. In keeping us abreast of our suit, his communication skills were outstanding. This talent was especially demonstrated when dealing with the apposing counsel. We feel this gave us a tremendous advantage over the opposing party that resulted in us reaching a successful outcome. I would highly recommend Eli Underwood as we found him to be an exceptional attorney." P.B.
"In our need for legal services we found Eli to be well informed and on top of our case and our needs. Our's was not an ordinary case as it was a case with many facets. It was a very convoluted case. There were multiple owners involved in a property dispute where one of the owners sued the rest of the owners with a Partition Suit. Needless to say Eli was instrumental in helping us resolve our differences and gained us a profitable sale all with good end results for all. If you hire Eli Underwood you will not be disappointed!" M.A.