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.