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Laguna Niguel Partition Lawyers

The City of Laguna Niguel was granted to Juan Avila in 1842 by Mexico. Originally a ranchero, the land of Laguna Niguel today is urban, with over one-third of the city being designated as open space. With almost 70% of the housing units in Laguna Niguel being owner-occupied, residents of Laguna Niguel who own real estate may face disputes with co-owners. Generally, the best Laguna Niguel 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

In general, an action for partition may be commenced only by an individual having an interest in the property as a co-owner, owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates as provided in Code of Civil Procedure section 872.210(a). (see Ryer v. Fletcher Ryer Co. (1899) 126 Cal. 482, 483-484.) However, an individual holding an equitable interest is also entitled to commence a partition action. (see Watson v. Sutro (1890) 86 Cal. 500, 528.)

An equitable estate is considered an estate of inheritance, and as such, an individual holding equitable title or a legal estate is allowed to bring a partition suit. (see Powers v. Powers (1963) 221 Cal.App.2d 746.) The individual holding an equitable title to an undivided interest in the property may bring a partition suit to determine his or her right to ask the court to divide the common property. (see Varni v. Devoto (1909) 10 Cal.App. 304.) Even if the statute of limitations has tolled against an action for specific performance to convey the property, a full equitable title may still be enforced in the partition action. (see Luco v. De Toro (1891) 91 Cal. 405.) An individual shall still have an equitable interest in the property even if he or she has lost a legal right to ownership of the property in common due to a levy and execution sale. (see Kolis v. Kolis (1951) 104 Cal.App.2d 86.)

A grantee of a certain parcel of the common property from one of the co-owners has an equity that the grantee can enforce by seeking an action in partition as a tenant in common to have the grantee’s interest separated out of the grantee’s grantor’s share. (see Mora v. Murphy (1890) 83 Cal. 12.)

If the individual with an equitable interest holds an interest that is not enumerated as one of the classes in the statute, the individual may not bring a suit for partition. As such, in the case of an unpaid bondholder of an irrigation district, where the property holds a public interest and no lien or trust resulted from the property purchase, the unpaid bondholder is not entitled to seek partition for the district lands. (see Clough v. Compton-Delevan Irr. Dist. (1938) 12 Cal.2d 385.)

At Underwood Law Firm, our Laguna Niguel 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.
"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.