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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.
"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 helped us set up our partnership and was straight forward and honest about the process and what was needed (so rare these days!). He gave us the expectation strait out and held to them (unlike the last corporate firm). Unfortunately when your new it takes a few to find the good ones. This is your guy!" O.A.
"Eli has been a great help to me. He is thoughtful and tries hard to achieve the best outcome, and is especially interested in avoiding litigation, and helping his client find the best way forward, even if it avoids conflict and makes his job smaller and simpler. I feel very comfortable with what was worked out, and sleep well over it. I give the highest recommendation to Eli!" D.W.
"Marcus and his team are true professionals and their attention to detail is impeccable. He definitely knows the right questions to ask and how to find the facts he needs to win your case. Having someone on your team who’s working hard behind the scenes can give you peace of mind during challenging times and that my friend is invaluable. He has a pretty unique approach that makes him special in what he does and that uniqueness make a huge difference. I highly recommend them!" C.F.