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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.

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.