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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.
"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.