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.