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Palm Desert Partition Lawyers

The City of Palm Desert was first settled by the Morongo Band of Mission Indians over 10,000 years ago. It wasn’t until 1942 when residential development began. Today, Palm Desert is a resort destination and boasts both affordable and high-valued homes. With 65% of owner-occupied homes, this suggests that many Palm Desert homes are jointly owned. As such, residents of Palm Desert who own real estate may face disputes with co-owners. Generally, the best Palm Desert 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

Partition actions for successive estates are allowed as long as such partition is in all of the parties’ best interest, unlike the partition of concurrent interests. (CCP § 872.710(c).)

Originally under the partition statutes, a partition of the property was not allowed unless there was a co-tenancy since the co-tenancy gave the right to partition. (see Jameson v. Hayward (1895) 106 Cal. 682.) The statute allowed a tenant in common in a remainder in fee to bring an action in partition against the other cotenants if the remainder was subject to a life estate. (see Geary v. De Espinosa (1921) 51 Cal.App. 52.) This statute was later amended to allow for a life tenant to bring a partition action for the real property subject to a life estate with remainder even where the holders of a contingent remainder interest existed and the class who would inherit the interest was not yet determined. (see Garside v. Garside (1947) 69 Cal.App.2d 318.) However, a holder of a remainder interest was not permitted to bring an action against a life tenant. (see Akagi v. Ishioka (1975) 47 Cal.App.3d 426.)

The present partition statute removes those limitations and allows for 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 to bring a partition action. (CCP § 872.210(a).) An action in partition is available to sever the parties’ interests where the property is owned by several persons as joint tenants or tenants in common. (CCP § 872.210(a)(2).)

The present partition statute does not require that a person be in possession, but only prescribes ownership of the land by several individuals in concurrent or successive estates of inheritance for life or for years. (CCP § 872.210(a)(2).) Instead, actual possession or the right of immediate possession is not required to allow a co-owner to seek an action in partition if the co-owner is a person enumerated under the partition statute. (see Young v. Hessler (1921) 72 Cal.App.2d 67.) As such, the requirement appears to extend to owners, and lessees, of property.

At Underwood Law Firm, our Palm Desert 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.