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.