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Downey Partition Lawyers

The City of Downey was founded on October 23, 1873, and named after John Gately Downey, the governor of the state. The town's land was originally used agriculturally, growing many fruits including oranges. As a town with rich historical roots, residents of Downey often own homes due to inheritance, which can lead to disputes with co-owners. Generally, the best Downey 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

In a partition suit, the interests of both the plaintiff and defendant may be put at issue, tried, and determined. (CCP § 872.610.) This is true to the extent that the issues relate to the matters that the court where the proceeding is taking place has jurisdiction. (see Grant v. Murphy (1897) 116 Cal. 427.)

Where it is necessary to grant relief of other suitable relief, the judge may, with sufficient proof, ascertain the state of the title to the property. (CCP § 872.620.) Unlike Code of Civil Procedure section 872.610, in cases where it is necessary to know the state of the title, Code of Civil Procedure section 872.620 applies regardless of whether the defendant raises the issue in the defendant's pleadings. (see Cal. L. Rev. Comm. Comment to CCP § 872.620.) Where it is necessary to grant relief a party seeks or other suitable relief, the judge must determine the status and priority of all the liens on the property in dispute. (CCP § 872.630 (a).)

Generally, the rule in partition actions is that all equities and conflicting claims that exist between all parties and emerging from the parties' relations to the property may be adjusted. (see Demetris v. Demetris (1954) 125 Cal.App.2d 440.) The parties are permitted to assert any legal or equitable title they have in the property. (see Luco v. De Toro (1891) 91 Cal. 405.) Subsequently, the judge will determine what is equitable and proper. (see Emeric v. Alvarado (1891) 90 Cal. 444.) A partition is only granted on the condition that the co-owners' equitable rights are respected. (see Ventre v. Tiscornia (1913) 23 Cal.App. 598.) A partition may not be granted if an injustice will result. (see Mills v. Stump (1912) 20 Cal.App. 84.) In addition, a court will not make a partition decree until the parties' disputes concerning their rights and interests in the property have been litigated and established. (see Bacon v. Wahrhaftig (1950) 97 Cal.App.2d 599.)

The rights of adverse inhabitants, interests of each party, and questions concerning the plaintiff's and other parties' rights to the land may all be put in issue, tried, and determined in one action so as to settle all disputes as to title and to equitably allot the property. (see Buhrmeister v. Buhrmeister (1909) 10 Cal.App. 392.)

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

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.