Palm Springs Partition Lawyers

The City of Palm Springs has a rich history dating back to more than 2,000 years ago, when the land was a Native American oasis. It wasn't until the 1900s when the city became a fashionable resort. As housing development increased, the town evolved from a ghost town into a year-round community. With over 60% of owner-occupied housing units, this suggests that many homes are jointly owned. As such, residents of Palm Springs who own real estate may face disputes with co-owners. Generally, the best Palm Springs 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

As such, it is important to be familiar with the persons entitled to commence partition actions. In general, an action for partition may be commenced only by an individual having an interest in the property as a co-owner, owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates as provided in Code of Civil Procedure section 872.210(a). However, persons with an equitable interest in the property may also bring a suit in partition. (see Watson v. Sutro (1890) 86 Cal. 500, 528.) Thus, a partition action may be maintained by a person holding an equity of redemption. (see Powers v. Powers (1963) 221 Cal.App.2d 746, 750.)

Where there are concurrent interests in the property, there is a right to partition unless there exists a valid waiver barring such partition. (CCP § 872.710(b).) However, this does not apply to partnership property. (CCP § 872.730.) Partnership property is subject to the limitations of the partition provision in Code of Civil Procedure section 872.730. (Assembly Legislative Comm. Comment to CCP § 872.210.)

Persons holding interest in property have an absolute right to partition unless there exists a valid waiver barring partition. (see Orien v. Lutz (2017) 16 Cal.App.5th 957.) Persons having an interest in the property as a tenant in common or joint tenant have an absolute right to partition that cannot be denied, regardless of any supposed difficulty or suggestion that any parties' interest will benefit by denying the application or delaying the action. (CCP § 872.210(a)(2); see Bacon v. Wahrhaftig (1950) 97 Cal.App.2d 599; Lazzarevich v. Lazzarevich (1952) 39 Cal.2d 48.; Priddel v. Shankie (1945) 69 Cal.App.2d 319.) The only requirement necessary is the showing of clear title, and a partition can never be denied just because of a possibility that a co-owner might experience financial loss. (see De Roulet v. Mitchel (1945) 70 Cal.App.2d 120.)

Where another co-owner has conveyed his or her interests in the property to a third party, the right of other co-owners to partition remains unaffected. (see East Shore Co. v. Richmond Belt Ry. (1916) 172 Cal. 174.) This remains true even if all of the co-owners have conveyed their interests in trust, providing that the trust purpose has been accomplished, and is not affected by the partitioner's mortgage. (see Gardiner v. Cord (1904) 145 Cal. 157.)

At Underwood Law Firm, our Palm Springs 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.