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San Leandro Partition Lawyers

San Leandro is a city in Alameda county, where the typical home value is approximately half of the median home value in San Francisco, and often individuals look to share the cost of purchasing real estate with other parties such as family members, friends or even investors, each being considered a co-owner of the property. When there is a disagreement between co-owners, then a partition action might result.

Best way to handle a partition action is to hire a San Leandro Partition Attorney. San Leandro Partition Attorney will help you to navigate through the legal process of filing a partition action in California.

San Leandro Partition Attorneys usually find partition actions to be the best remedy for joint owners in disputes in four broad categories:

  • Parent-Child shared tenants in common in real estate; 
  • Brother-Sister shared tenants in common in real estate; 
  • Investor-Investor shared tenants in common in real estate; and 
  • Significant others shared tenants in common in real estate;

A San Leandro Partition Attorney will know exactly where to start the legal process. Generally, a California partition action is considered to be a “local” action, and should be filed in the county where the real estate is located. (CCP § 872.110(b)(1).) Even when the real estate straddles several counties, the action will be proper if part of the property is located in one of the counties where the action is filed. That is because the Courts have construed the statute to include several distinct parcels, as well as an entire tract of land. (Murphy v. Superior Court (1902) 138 Cal. 69.) That said, if a lawsuit is brought to partition parcels of land in multiple counties, then the property must be owned by the same persons. (Middelcoff v. Cronise (1909) 155 Cal. 185, 189.) Similarly, when a property owner sues for partition of property, and there is another lawsuit pending between the owners, the matters may be consolidated. (see Bixby v. Bent (1881) 59 Cal. 522, 531.)

Alternatively, where an owner of property seeks to partition personal property—as opposed to real property, or real estate—then the lawsuit can be filed either where the property is located, or the county where any of the defendants live. (see CCP § 872.110.)

Generally, the statute of limitations never bars relief between tenants in common in a California partition action. Nevertheless, when a property has somehow lost all of their rights in the land, such as by adverse possession, then the statute of limitations may apply in that action. (see Code Civ. Proc. §§ 318–322, 325; Adams v. Hopkins (1904) 144 Cal. 19.) Moreover, when a property owner sues for partition, the filing of the suit itself will prevent the acquisition of the property via prescription for purposes of the statutory period. (Christy v. Spring Valley W.W. (1892) 97 Cal. 21, 24.)

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

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.