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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.

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.