Lake Tahoe Partition Lawyers
Lake Tahoe was originally inhabited by Washoe Native Americans. On February 14, 1844, Lieutenant John C. Fremont became the first European-American to discover this land. As a popular summer and winter destination with an abundance of rental properties and a growing residential population, disputes between co-owners can arise. Generally, the best Lake Tahoe Attorneys 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
A top Lake Tahoe Partition Attorney will be familiar with the partition by division process. Generally, the court will appoint a referee for the property division. This referee will then divide up the property and allot these portions to the parties. The relative quality and quantity of the allotments is determined by the parties’ interests in the property according to the interlocutory judgment. (CCP § 873.210.) The best Lake Tahoe Partition Attorneys will be knowledgeable about the property allocations when dividing property.
However, the statutory provision does not provide that each party should receive their fair share of the more valuable and less valuable parts of the property to be partitioned. Although the referee determines the allotments by considering the quality and quantity, the deciding factor is that each party receives an allotment that is proportional to their interest in the property as a whole. (see Richmond v. Dofflemeyer (1980) 105 Cal.App.3d 745.) If there are contentions regarding the referee’s determination of an equitable property division, the trial court shall determine these matters on the hearing of the referee’s report and the trial court’s decision shall not be reversed unless it can be shown that it abused its discretion. (see Capuccio v. Caire (1929) 207 Cal. 200.)
To the extent that the division can be done without materially injuring the parties’ rights, real property comprised of more than one distinct lot or parcel is divided by these lots or parcels without other internal division. (CCP § 873.240.) In order to divide the property by individual lots or parcels, the parties can add other property through a complaint or cross-complaint. (see Cal. L. Rev. Comm. Comment to CCP § 873.240.) If the title to the property to be partitioned is proven through conveyances using a specific map, the property must be partitioned according to that specific map, and not one that conflicts with it. (see Sullivan v. Lumsden (1897) 118 Cal. 664.) Lake Tahoe Partition Attorneys will be aware of these rules pertaining to the division of property.
The entire portion of the land distributed to the unknown parties remains undivided if the judge determines the combined interested of two or more unknown parties. (CCP § 873.270.) If an unknown party becomes known in the course of the action, then his or her portion of the undivided property may be allocated to him or her after the unknown party’s interest has been determined. (see Cal. L. Rev. Comm. Comment to CCP § 873.270.)
When the property is divided, a party’s lien on an undivided interest becomes a charge only on the party’s apportioned share. (CCP § 873.260.) If the lien is continued, it will subject to the charges on the property proportional to the partition costs. (see Cal. L. Rev. Comm. Comment to CCP § 873.260.)
At Underwood Law Firm, our Lake Tahoe Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.