Glendale Partition Lawyers
The City of Glendale was founded in 1887 and was originally part of a bigger parcel of land, Rancho San Rafael, which was divided in a court decision known as the "Great Partition." Today, Glendale's housing market is somewhat competitive and residents of Glendale who own real estate may face disputes with co-owners. Generally, a Glendale Partition Lawyer can 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 bringing a partition action, the plaintiff with a lien on the property and an interest sufficient to maintain the action must allege his or her lien including his or her other interests. (Assembly Legislative Comm. Comment to CCP § 872.230.) In the case where the defendant is the holder of a lien on the property, the defendant must include the date, character, and amount remaining due on the lien in his or her answer. CCP § 872.420.) That is why it is important to be knowledgeable of the requirements each party must plead.
Property subject to a mortgage or trust deed may be partitioned unless the party is estopped to bring an action in partition. A person with interest in a property subject to a lien or encumbrance is not estopped from enforcing his or her right to partition. (see Gardiner v. Cord (1904) 145 Cal. 157.) This is demonstrated by partition statutes requiring the court to appoint a referee to determine the status and priority of all the liens on the property subject to partition and by providing for continuation of the liens on the undivided interests of the parties, and for payment of those liens from the proceeds from the property sale. (CCP § 872.630.)
If a mortgagee of a mortgage covering the whole property is in lawful possession of the property owned in common, an order to partition the property may not be made until the lien of such mortgage is satisfied or redeemed, and it cannot be adjudicated in a partition order where a proportionate part of the mortgage will be chargeable on the parcel allocated to one of the co-owners and the balance on the property allocated to another. (see Cummings v. Cummings (1888) 75 Cal. 434.) If only one undivided interest in the property is subject to a lien, an order to sell the property is not proper. In that case, the property should be sold, not subject to any liens, and the lien against a joint owner's interest is satisfied by subtracting that owner's debt from his or her share of the proceeds. (see Wernse v. Dorsey (1935) 2 Cal.2d 513.) A person intending to seek an action in partition should ensure they adequately understand the process so that nothing is overlooked and everything occurs properly.f
At Underwood Law Firm, our Glendale Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.