Oceanside Partition Lawyers

The City of Oceanside was originally inhabited by Native Americans. In 1769, the first Spanish explorers arrived, and the land became known for farming and grazing. It wasn't until the development of the railroads that the town started booming. Approximately 60% of Oceanside houses are owner occupied, which suggests that many homes are jointly owned. Residents of Oceanside who own real estate may face disputes with co-owners. Generally, the best Oceanside 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

Generally, a partition action may be brought and maintained by a co-owner of personal property, or an owner of an estate of inheritance, an estate for life, or an estate for years in real property when the property or estate therein is owned by several persons concurrently or in successive estates. (CCP § 872.210(a).)

In the case of an equitable estate, which is considered an estate of inheritance, 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.) Where property is held in trust for beneficiaries instead of express trust, any beneficiary with a right to convey may seek an action in partition. (see Varni v. Devoto (1909) 10 Cal.App. 304.)

In the case of a lease, property may still be partitioned when it is subject to lease and is subject to the lessee's possession until the end of the lease even if the lessee is also a cotenant with an ownership share in the property. (see Buhrmeister v. Buhrmeister (1909) 10 Cal.App. 392.) Partition of property subject to temporary is also permitted as well as the partition of an inheritance that is subject to an existing lease. (see Burhmeister (1909) 10 Cal.App. 392.)

In the case of a homestead, the rule is that homestead rights of a co-owner in his or her interest do not bar another co-owner from seeking a partition. (see Young v. Hessler (1945) 72 Cal.App.2d 67, 69.) Code of Civil Procedure section 872.710 does not provide an absolute right to partition of property where a homestead has been declared. (Assembly Legislative Committee Comment to CCP § 872.710.)

In addition, property held in common consisting of real property, stock held in a water company, and cash, may be partitioned by a court. (see Randell v. Randell (1935) 4 Cal.2d 575.) Where a lease provides for a return of grain used as seed during harvest, partition is permitted on the grain after harvest and for a part of the crop as a rental. (see Baughman v. Reed (1888) 75 Cal. 319.) Where a partnership owns personal property used in a restaurant and the business closes, the court may order a partition in kind. (see Chalta v. Biller (1931) 212 Cal. 745.)

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