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Lake Forest Partition Lawyers

The city of Lake Forest was originally known as El Toro from 1863. Although the city was only incorporated in 1991, Lake Forest has a long history and started out as an agricultural area. Today, over 70% of housing units are owner-occupied. As such, residents of Lake Forest who own real estate may face disputes with co-owners. Generally, the best Lake Forest 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 an answer to a partition action, the defendant is required to set forth: “(a) any interest the defendant has or claims in the property; (b) any facts intending to controvert such material allegations of the complaint as the defendant does not wish to be taken as true; and (c) where the defendant seeks sale of the property, an allegation of the facts justifying such relief in ordinary and concise language.” (CCP § 872.410.) If a defendant only admits the complaint’s material allegations by stating that the present sale of the property would be misguided, the plaintiff is not entitled to a judgment on the pleadings. (see Harper v. Superior Court in and for the City and County of San Francisco (1st Dist. 1934) 140 Cal.App. 5.)

The requirement that the defendant must set forth any interest or claims he or she has in the property also includes liens and other interests claimed by the defendant. (see Cal. L. Rev. Comm. Comment to CCP § 872.410.) If the defendant lists his or her liens on the property, the defendant must include the date, character, and amount remaining due on the lien in the answer. (CCP § 872.420.) The statutory provision does not preclude the defendant from setting forth any additional costs, fees, and expenses regarding the lien that the defendant may be entitled to as well as the amount remaining due on the lien itself. (see Cal. L. Revision Comm. Comment to CCP § 872.420.)

Interlocutory decrees of partition are final as to any title the defendant acquired after the defendant has filed the answer and before execution of the interlocutory decree, except if the answer is revised to include the new title. (see Christy v. Spring Valley Water-works (1890) 84 Cal. 541, 542-543.) It is not erroneous for the court to hold that the subject matter of the affirmative allegations in the answer is not involved in the issues of the partition action if one defendant pleads that he or she not only has an interest in the disputed property, but also an interest in water rights and serves the answer only to the plaintiff. (see Tu Junga Co. v. Barclay (2d Dist. 1909) 11 Cal.App. 60.) The defendant may also set forth any claim that he or she has for contribution or compensatory adjustment. (CCP § 872.430.)

At Underwood Law Firm, our Lake Forest 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.