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San Diego Partition Lawyers

The City of San Diego was established on July 16, 1769. Today, San Diego's population of over 1.3 million makes it the eighth most populous city in the United States. As a town rich in history, residents of San Diego often own property with others due to inheritance, which can lead to disputes between co-owners. Generally, the best San Diego 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

While it is something that is definitely less common, partnership property is subject to partitions. Where the judge determines that the statutory provisions concerning partition are an appropriate remedy, those provisions may be used in a partnership accounting proceeding and dissolution proceeding, or a partition suit of partnership property, if the rights of unsecured creditors will not be prejudiced. (CCP § 872.730.) Code of Civil Procedure § 872.210(a)(2) allows for the partition of partnership property. Even where property is held in the name of one of the partners, the partnership property is allowed to be partitioned in a partnership accounting. (see Brown v. Fairbanks (1953) 121 Cal.App.2d 432.)

Code of Civil Procedure § 872.730 is an exception to Code of Civil Procedure § 872.710 where a partition of concurrent interests is a right. It codifies previous case law to the effect that partition is a suitable remedy when the partnership affairs have been adequately settled and the only thing left to do is divide or sell the disputed property. (Assembly Leg. Comm. Comment to CCP § 872.730.)

In the case of a partnership dissolution, the judge may order the partnership real property to be distributed in kind. This authority depends on a showing that holding a sale is not necessary to fulfill obligations of the partnership. (see Logoluso v. Logoluso (1965) 233 Cal.App.2d 523, 530.)

In Logoluso v. Logoluso, the court held that a division of the partnership property in kind was entirely proper in a dissolution of partnership proceeding where all the creditors were paid. If the partners demand a partition in kind, then it is required, despite the difficulty and inconvenience of the partition, unless the partition appears to greatly prejudice the other parties. (Logoluso 233 Cal.App.2d at 530.) Further, in a partnership dissolution action, the judge's discretion to order the partnership assets to be sold or distributed must be measured in light of all the existing circumstances when such discretion is exercised. (Logoluso 233 Cal.App.2d at 683.)

It is important to note that the partition of the partnership property is one instance where such partition of concurrent interests is not a matter of right. (CCP § 872.710(b).) A person intending to seek a partition of partnership property should ensure that they adequately understand the process.

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

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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.