Daly City Partition Lawyers
Daly City is the second most populous city in San Mateo County, California. Daly City is known as the “Gateway to the Peninsula," and is a great place to live. An important part of home buying is financing, and sometimes it is difficult to get approved for a large loan, and then they find a co-owner, like a friend, a family member or boyfriend/girlfriend to help them buy the house. Life can be unpredictable and when one person wants to go on separate way and sell the house, but other person doesn’t want to sell the house they have to file for a partition.
Daly City Partition Lawyer 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 partition lawsuit can be overwhelming process. A Daly City Partition Attorney knows the law and rules of the local court and it will make this process much easier for you.
As part of that process, a party seeking to partition property must file a complaint, and after filing a complaint, the plaintiff must record a notice of the pendency of the action in the office of the county recorder at the earliest opportunity. (CCP § 872.250.)
A Daly City Partition Attorney will ensure that this important step is complete on time and doesn’t create any delay in the legal process. If the plaintiff does not record a notice of lis pendens, a court can order a lis pendens to be recorded, order a party to record a notice of lis pendens, and must stay the action until the notice is recorded. (CCP § 872.250(c).) That said, the plaintiff’s failure to record a lis pendens is not jurisdictional and does not preclude the trial court from ordering a partition. (see Rutledge v. Rutledge (1953) 119 Cal.App.2d 114.)
After a lis pendens is filed, the law will deem that everyone has notice of the pendency of the action as to the property at issue. (CCP § 872.250(d).) For example, when a plaintiff files a lis pendens filed at the start of a partition action, it is constructive notice to anyone who lends money on it, and the title secured by the buyer at a partition sale has priority over a later mortgage. (see Turner v. Bank of America Nat. Trust & Sav. Ass’n (1933) 135 Cal.App. 314.)
Nevertheless, unless someone can show true prejudice, the plaintiff’s failure to record the lis pendens will not void the partition judgment. Instead, the risk is that the failure to record the notice could lead a later bona fide purchasers and lender to be exempt from the partition judgment. As such, it is important to hire an experienced Daly City Partition Attorney to ensure that the process is completed properly.
At the Underwood Law Firm, our Daly City Partition Attorneys are well-versed in the legal remedy of partition and are ready to discuss your legal issues.