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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.

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.