Rancho Cucamonga Partition Lawyers
Rancho Cucamonga is located south of the foothills of the San Gabriel Mountains and Angeles National Forest in San Bernardino County. It is well known for being home to the Casa de Rancho Cucamonga. Rancho Cucamonga residents often own real estate jointly with another. These relationships can turn sour when co-owners disagree over the use of their shared property or properties. The California Civil Code of Procedure allows real property to be partitioned when these irreconcilable differences emerge. If common ownership becomes a problem, then speaking with a Rancho Cucamonga Partition Attorney is essential to understanding your rights as a cotenant.
There are at least four scenarios where speaking to a Rancho Cucamonga Partition Lawyer should be considered:
- Co-owned real estate one person wants to sell;
- Partnership real estate one person wants to sell;
- Shared real estate one person wants to sell; and
- Split real estate one person wants to sell;
Real and personal property may be partitioned in one action as laid out in the Code of Civil Procedure section 872.240. Partition of two or more parcels of land may also be had in one action, even if the real property consisting of several distinct parcels of land are situated in different counties. (See Murphy v. Superior Court (1902) 138 Cal. 69.) It is a well-settled rule that the same persons must own each parcel of land, even if their interests are not relatively the same in each parcel. Troubles arise if the cotenancy among all the cotenants exists only as to one tract, and only some tenants are interested in other lots. In these circumstances, a partition may not be had in one action even though some of the cotenants may have an interest in all the parcels. However, a good Rancho Cucamonga Partition Lawyer knows that there is an exception to such a rule.
There is a universally accepted doctrine that one cotenant cannot by a conveyance of their interest in a portion of the property held in common prejudice the rights of their cotenants. The grantee or successor of such a tenant steps into the shoes of their grantor subject to all the rights of the other cotenants and their successors as to partition. For partition, a Rancho Cucamonga Partition Lawyer will explain that the whole property initially held in common by the cotenants, whether consisting of one or any number of parcels, continues to be a unit and subject to a single action. This means that a necessary party defendant, even though a cotenant only as to one of the parcels involved, cannot object to the joinder in one action of the various parcels of land simply because they are not interested in the other parcels. This exception is based on the theory that all property initially held in common constituted a unit and a single aggregation of property regardless of any changes in ownership of portions. (See Middelcoff v. Cronise (1909) 155 Cal. 185.)
If you find yourself ready to escape joint ownership, the Rancho Cucamonga Partition Lawyers at the Underwood Law Firm deal with these scenarios frequently and are prepared to help.