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Perris Partition Lawyers

The City of Perris was named after Fred T. Perris, a chief railroad engineer in the 1880s. In the past two decades, the population of Perris has continued to soar. Today, over 65% of housing units are owner occupied, suggesting that many homes are jointly owned. As such, residents of Perris who own real estate may face disputes with co-owners. Generally, the best Perris 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

Critically, Code of Civil Procedure section 872.510 states, “The plaintiff shall joint as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from an inspection of the property, in the estate as to which partition is sought.” (emphasis added) Even if a co-owner’s share of the property is mortgaged, he or she may still maintain a partition suit. (see Gardiner v. Cord (1904) 145 Cal. 157.) If the co-owner has a share that is mortgaged and seeks to partition the property, there may be a property sale and the mortgage amount will be charged against the co-owner’s share, or the mortgagee who is made a party may be required to substitute for the mortgage on an undivided share, a mortgage on that part of the land that the court awards to the mortgagor. (see Cathcart v. Redlands Sec. Co. (1945) 67 Cal.App.2d 591.)

If there is a mortgage on the cotenancy, then the mortgagee has the right and duty to intervene in the partition action, arrange for the mortgage lien, and have the mortgage adjusted in the partition order. (see Towle Bros. Co. v. Quinn (1903) 141 Cal. 382.)

A tenant-in-common may commence an action in partition even though he or she may be in possession of the entire property as a lessee. (Buhrmeister v. Buhrmeister (1909) 10 Cal.App. 392.) Even if the property is under the name of the deceased partner, the surviving partner has a right to partition the property belonging to the partnership. (see Gray v. Palmer (1858) 9 Cal. 616.)

Additionally, Code of Civil Procedure section 872.010 may be applied to an action for a partition of partnership property if the rights of unsecured creditors of that partnership will not be prejudiced to the extent as the judge determines. A partition action is an appropriate remedy when the affairs of the partnership are sufficiently settled, and the remaining issue is the division or sale of the property. (Assembly Legislative Comm. Comment to CCP § 872.730.) Where the action is for a partnership dissolution, the court may make a distribution of the partnership’s real property in kind if the court determines that it is unnecessary to hold a sale of the property in order to satisfy the partnership obligations. (see Logoluso v. Logoluso (1965) 233 Cal. App. 2d 523, 530.)

At Underwood Law Firm, our Perris 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.