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Fresno Partition Lawyer

Fresno is the county seat of Fresno County, located in the San Joaquin Valley, the fifth most populous city in California and the 34th most populous city in the country, and at the heart of California’s most productive agricultural region. Fresno is no different from other cities in California when disputes arise between tenants in common or joint tenants of property. Two or more people who own assets together can be at a disadvantage when their relationship becomes unstable. This is because each co-owner has an undivided interest in said property. A Fresno Partition Lawyer, however, can be extremely helpful in commencing a partition action in such situations.

In an action for partition, a court will order the joint property to be divided among the parties per their interests within the said property as stated by the California Code of Civil Procedure section 872.810. Fresno Partition Lawyers often find co-ownership issues usually fall under four broad categories:

  • Investor-Investor shared ownership of property;  
  • Brother-Sister shared ownership of property;
  • Parent-child shared ownership of property; and
  • Partners shared ownership of property;  

In California, most couples, married and unmarried, hold their real estate as joint tenants. When irreconcilable differences emerge, partition may be the best way to permanently end all disputes between couples by severing title to the property owned in common. A Fresno Partition Attorney will explain that judgment in a partition action does not give either cotenant any new or additional title but only severs the unity of possession, giving co-owners freedom from each other.

In a partition action, the court will, on adequate proof, ascertain the state of the title to the property. (see CCP § 872.620.) In contrast with Code of Civil Procedure section 872.610, when it is necessary to know the state of the title, Section 872.620 applies regardless of whether a defendant raises the issue in his or her pleadings [see Cal. L. Rev. Comm. Comment to Code Civ. Proc. § 872.620].

Otherwise, the interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action. (CCP § 872.610.) Whether plaintiffs or defendants, they are required to set forth fully and particularly the origin, nature, and extent of their respective interests in the property. Once this is done, the interest of each, or all, may be put in issue by the others; and, if so then those issues must first be tried and determined, and no partition can be made until the respective interests of all the parties have been resolved by a trial. (Morenhout v. Higuera (1867) 32 Cal. 289, 295.)

A knowledgeable Fresno Partition Lawyer should know the quirks and turns of a partition action. The city was named Fresno, Spanish for “ash tree,” due to the abundance of ash trees lining the San Joaquin River. If you find yourself ready to move on from an unstable relationship with a joint owner, the lawyers at the Underwood Law Firm are experienced with these cases and are prepared to meet your needs.

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“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.
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