Hemet Partition Lawyers

The city of Hemet was named in November 1893 after the Lake Hemet Land Company founded the town. The city was later incorporated in January 1910, which helped the city as it was outgrowing its infrastructure. As many of the homes in Hemet are owner-occupied, Hemet residents who own real estate may face disputes with co-owners. Generally, the best Hemet Partition Lawyers 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

The best Hemet Partition Attorneys will be familiar with cross-complaints in partition actions and partition trials. Although the general rule is that affirmative relief may not be claimed in the answer, the Code of Civil Procedure allows the defendant to state any claim that he or she has for contribution or other compensatory adjustment in the answer. (CCP § 872.430.) Thus, the defendant is not required to file a cross-complaint for affirmative relief. (see Legislative Comm. Comment to CCP § 872.430.) If a defendant’s cross-complaint only repeats the contents of the answer and alleges his or her exclusive ownership and possession of the property, the plaintiff is not required to answer. (see Banning v. Banning (1889) 80 Cal. 271.)

The courts must adjudge matters concerning partition in accordance with the procedural aspects of partition actions governed by the statutory provisions relating to partition in the Code of Civil Procedure. (see Larson v. Thoresen (1951) 36 Cal.2d 666.) At either a contested or uncontested trial, the court must determine whether the plaintiff has a right to partition. (CCP § 872.710(a).) A top Hemet Partition Lawyer will be knowledgeable of these issues.

After ascertaining the state of title to the property, the judge may determine each parties’ interest. To determine the interests of lienholders, the judge will determine the status and priority of the liens on the property in order to grant the relief sought or other suitable relief. (CCP § 872.630(a).) In addition, the court may also appoint a referee to gather facts necessary to determine the status and priority of the liens. (CCP § 872.630(a).) The best Hemet Partition Attorneys will be familiar with this process.

If there are two or more unknown parties, the judge may determine their interests together in the partition action instead of between each other. (CCP § 872.640.) If at any time during the action, an unknown party becomes known, the judge may determine that party’s interest. (see Cal. L. Rev. Comm. Comment to CCP § 873.270.) Depending on whether the determination involves a decision on contrary facts or on the application of the law to a set of facts, a question of ownership concerning the property may be one of fact or law. (see Lieb v. Superior Court In and For Orange County (1962) 199 Cal.App.2d 364.)

At Underwood Law Firm, our Hemet Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.