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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.

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.