Escondido Partition Lawyers

The land of Escondido was originally purchased in 1886 by the Escondido Land & Town Company. This purchase led to the development of the city as a town and agricultural center. Today, the city of Escondido is growing rapidly and residents of Escondido who own real estate may face disputes with co-owners. Generally, the best Escondido 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

Anyone considering litigating these issues should familiarize themselves with motions, orders, injunctions, title reports, and consolidation in partition actions. During a partition action, a judge may hear and determine all motions, reports, accounts, and is authorized to make any decrees and orders its finds necessary or incidental to implement the purposes of the statutory provisions concerning partition and to carry out its decrees and orders. (CCP § 872.120.)

The purpose of the Code of Civil Procedure § 872.120 is to give the court the broadest possible statutory authorization for powers that the court previously had before the partition statutes were revised. The statutory provisions concerning partition are meant to be liberally construed. (see Cal. L. Rev. Comm. Comment to CCP § 872.120.)

Additionally, a judge may issue temporary restraining orders and injunctions, with or without bond, in order to prevent waste, protect the property or property title, and restrain unlawful interference with the partition of the property in dispute as ordered by the court. (CCP § 872.130.)

Where a title report is necessary and the plaintiff has not yet commenced the partition action, the plaintiff is allowed to obtain a title report and indicate in the complaint that it has been obtained and designate a place where it will be kept allowing the parties to inspect, use and copy. (CCP § 872.220(a).) For the purposes of the statutes, the term "title report" encompasses a preliminary report, guarantee, binder, or policy of title insurance. (CCP § 872.010(f).) On the other hand, upon the application of a party, the court may authorize that party to obtain a title report and shall designate a location where that title report will be kept to allow the parties to inspect, use, and copy it. (CCP § 872.220). An Escondido Partition Attorney will be aware of this process.

It is proper for a court to consolidate two actions into one trial and dispose of the issues involved if the actions indirectly or directly affect the right to partition. (see Bixby v. Bent (1881) 59 Cal. 522.) As such, a partition action may be consolidated and tried with an action commenced later to foreclose a mortgage on the property in dispute if all co-owners agree the partition should be subordinated to the mortgagee's right of foreclosure. (see Kuns v. Diaz (1917) 32 Cal.App. 651.) A person intending to seek a partition of property should ensure that they adequately understand the process.

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