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Palmdale Partition Lawyers

The City of Palmdale was first established in 1886 by a group of Swiss and German families who came from the Midwest. Between the 1980s and 1990s during the housing market growth and recession, Palmdale's population increased as housing became more affordable. Today, over 60% of Palmdale's housing units are owner-occupied, suggesting that many Palmdale homes are jointly owned. Residents of Palmdale who own real estate may face disputes with co-owners. Generally, the best Palmdale 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

In order to determine whether property held under the terms of a trust may be partitioned, the court looks to the nature of the trust. A court has discretion to order the sale of the property or an interest therein that is subject to an express trust. (CCP § 872.840(a).)

Once the property has been divided or sold, the property or proceeds from the sale allocated to the trustee of the express trust shall be held by that trustee on the trust and no further action from the court is required. (CCP § 872.840(b).) A person is not permitted to bring a suit in partition to end the express trust, defeat its legal purposes, or usurp the trustee's functions, unless the property is not held under an active trust. (see Varni v. Devoto (1909) 10 Cal.App. 304, 307.)

In the case that a trust is not active and a person may be entitled to a conveyance of that trust property in a proper action, that person is entitled to compel a partition of the property. (Varni v. Devoto (1909) 10 Cal.App.304.) Additionally, two co-owners are permitted to maintain a partition action as co-owners even where one of them is the self-appointed trustee of the property in dispute through a power of attorney from the other co-owner. (see O'Bryant v. Bosserman (1949) 94 Cal.App.2d 353, 355.) Once a trust has been terminated, the rights of the property owners can be established in a partition suit without an actual reconveyance of the land by the trustee. (see Gardiner v. Cord (1904) 145 Cal. 157.)

Where a tenant in common conveys a specific parcel of the common property, the conveyance does not remove the special parcel from the general parcel as far as the other tenants are concerned, and the entire parcel is subject to partition in the same way as if the conveyance of the special parcel was nto made. (see Gates v. Salmon (1868) 35 Cal. 576.) The other co-owners are permitted to bring a suit in partition at any time despite the fact that it may result in loss to the grantee of the property conveyed to the co-owner. (see Stark v. Barrett (1860) 15 Cal. 361.) A person intending to seek a partition should ensure that they adequately understand the process.

At Underwood Law Firm, our Palmdale 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.