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Hayward Partition Lawyers

Hayward is within the southern region of the San Francisco Bay Area, located in Alameda County, and was once known for its robust agricultural and canning industries. As a growing residential city, Hayward locals may find themselves co-owning property with others who they do not want to maintain a legal relationship. When these types of relationships turn sour, joint owners may find that ending their entanglement with other co-owners is the best option. When a co-owner reaches such a stage, a Hayward Partition Lawyer can give them vital legal information on how to end their joint tenancy successfully. There are at least four instances where speaking with a Hayward Partition Lawyer should be considered:

  • Boyfriend-Girlfriend co-ownership of property; 
  • Sibling-Sibling co-ownership of property; 
  • Parent-Child co-ownership of property; and 
  • Investor-Investor co-ownership of property

With the legal remedy of partition, a co-owner of a property can force the sale of their shared property when another co-owner does not agree. This right is absolute, unless there is a valid “waiver.” Any owner with a fractional interest in the property can move to partition, whether they own 50 percent or 10 percent. An experienced Hayward Partition Attorney can make the process almost seamless.

When a property owner is ready to file a partition action, there are a number of requirements for the lawsuit of which a knowledgeable Hayward Partition Lawyer will be aware: (1) A description of the property that is the subject of the action, including both its legal description and its street address or common designation. (CCP §§ 872.230(a).) (2) The interests that the plaintiff has or claims in the property. (CCP §§ 872.230(b)) (3) All interests of record or actually known to the plaintiff, including any liens. (CCP § 872.230(c); Stewart v. Abernathy (1944) 62 Cal. App. 2d 429, 432). (4) The estate as to which partition is sought and a prayer for partition of the interests in that estate. (CCP § 872.230(d)). (5) If the plaintiff seeks a sale, then an allegation of the facts justifying the relief in ordinary and concise language. (CCP § 872.230(e)).

If the plaintiff has a lien on the property, it must be alleged. [see Assembly Legislative Committee Comment to Code Civ. Proc. § 872.230]. A plaintiff should generally incorporate a title report to satisfy this requirement as to recorded interests. A complaint is subject to a legal objection, called a demurrer, if it fails to allege the proportionate interests of the respective parties. (Neusted v. Skernswell (1945) 69 Cal. App. 2d 361, 363–364.)

The court will ultimately determine, however, whether a co-owner has the right to partition when commencing a partition action. A joint owner does not need to give any reason for their demand to partition. The only requirement at this stage is for the moving party to present a clear title with interest in the property. When a clear title cannot be given, then a Hayward Partition Lawyer who knows the ins and outs of partition actions is indispensable to the process.

Regardless of the situation, the Hayward Partition Attorneys at the Underwood Law Firm can help make the best out of a bad joint owner situation.

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.
"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 helped us set up our partnership and was straight forward and honest about the process and what was needed (so rare these days!). He gave us the expectation strait out and held to them (unlike the last corporate firm). Unfortunately when your new it takes a few to find the good ones. This is your guy!" O.A.
"Eli has been a great help to me. He is thoughtful and tries hard to achieve the best outcome, and is especially interested in avoiding litigation, and helping his client find the best way forward, even if it avoids conflict and makes his job smaller and simpler. I feel very comfortable with what was worked out, and sleep well over it. I give the highest recommendation to Eli!" D.W.
"Marcus and his team are true professionals and their attention to detail is impeccable. He definitely knows the right questions to ask and how to find the facts he needs to win your case. Having someone on your team who’s working hard behind the scenes can give you peace of mind during challenging times and that my friend is invaluable. He has a pretty unique approach that makes him special in what he does and that uniqueness make a huge difference. I highly recommend them!" C.F.