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Rialto Partition Lawyers

The city of Rialto was incorporated on November 17, 1911. However, the city’s roots trace as far back as the 1500s, when Serrano Indians settled on the land. As a town with a homeownership rate over 60%, this suggests that many homes in Rialto are jointly owned. Rialto residents who own property may face disputes with co-owners. Generally, the best Rialto 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

A top Rialto Partition Lawyer will be familiar with interlocutory judgments in partition actions. If the judge determines that the plaintiff is entitled to a partition, he or she will make an interlocutory judgment which determines the parties’ property interests and orders the property to be partitioned, and the manner of partition if it is not to be determined later. (CCP § 872.720(a).)

Interlocutory judgments allow the trial courts to determine matters that have been presented for its determination and to make its determination based on the evidence submitted without the need for a referee. (see Richmond v. Dofflemyer, 105 Cal.App.3d 745.) If an interlocutory judgment does not speak to the any party’s amount of interest in the property, the judgment is erroneous and invalid because it does not determine the interests of the parties. (see Stoffer v. Verhellen, 195 Cal. 317.) The best Rialto partition attorneys will have a lot of experience with interlocutory judgments.

If the judge determines that it is highly unfeasible or inconvenient to make a single interlocutory judgment that adjudicates all the parties’ property interests, it may determine the interests of the original concurrent or successive owners first. Upon determining these interests, the judge may then make an interlocutory judgment just as though those persons were the only parties in interest and the only parties in the partition action. Following that interlocutory judgment, the judge may then do the same for the parties claiming under the original or successive owners or may allow the interests to remain without further partition if the parties wish. (CCP § 872.720(b).) A top Rialto partition lawyer will ensure that everything necessary for an interlocutory judgment is done.

It should be noted that interlocutory judgments in partition are only a determination of the parties’ respective interests in the property before final judgment. (see Harrington v. Goldsmith, 136 Cal. 168.) The interlocutory judgment is not the last judgment entered in the partition action, but it is final on the questions adjudicated in it and proposes an appealable final judgment. (see Pista v. Resetar, 205 Cal. 197.) The Code of Civil Procedure expressly allows for appeals on interlocutory judgements. (CCP § 904.1(a)(8). In partition actions, an appeal from an interlocutory decree serves as a stay without bond. (see Neusted v. Skernswell (1945) 69 Cal.App.2d 361.)

A final judgment is not allowed to modify an interlocutory judgment. (see Thompson v. White, 76 Cal. 381.) As such, an interlocutory judgment for partition in kind, which has already been finalized, cannot be fixed to provide for a sale, regardless of the fact that it may appear in the referee’s report that a division in kind cannot happen without greatly prejudicing the owners. (see Raisin Investment Co. v. Magginetti (1952) 109 Cal.App.2d 163, 164-165).

However, the judge may correct, amend, or modify the interlocutory judgment to give true expression to the decision. (see Bixby v. Bent, 59 Cal. 522.) If there is an error in the description, conspicuous on the face of the record, and obviously a clerical mistake not going to the merits of the case, the interlocutory judgment may be amended at any time, even if the interlocutory judgment has already been affirmed on appeal. (see Fallon v. Brittan, 84 Cal. 511.) A top Rialto partition attorney will be familiar with this process.

At Underwood Law Firm, our Rialto Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.

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