San Rafael Partition Lawyers

The City of San Rafael was named after the Archangel Raphael, the Angel of Healing. The city was originally founded in 1817 and later incorporated as a city in 1874. Today, San Rafael is home to over 30 different neighborhoods and residents of San Rafael who own real estate may face disputes with co-owners. Generally, the best San Rafael 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

Mortgagees and lienholders should be joined as parties in partition actions. Any person having or claiming interests of record, those that are actually known to the plaintiff, or are reasonably apparent from a property inspection, must be joined as defendants in the action for partition. (CCP § 872.510(b).) The term, “interest,” includes liens. (Legislative Comm. Comment to CCP § 872.510.) The term, “lien,” is defined as a mortgage, deed of trust, or other security interest in the property resulting from contract, statute, common law, or equity. (CCP § 872.010(b).)

Generally, it is not necessary to join a party who has no lien on the property at the commencement of the action and who obtains one later, but that party has a duty and right to step in and set up the lien and have it adjudged in the decree and adjusted. (see Towle Bros. Co. v. Quinn (1903) 141 Cal. 382.) Further, the court has no jurisdiction to reach into a separate partition suit, which has commenced before the execution of the mortgage by a tenant in common who were parties to that suit and take control and jurisdiction of the mortgagee’s interest. (Towle Bros. Co. v. Quinn 141 Cal. 382.)

In accordance with that rule, a mortgagee who assumes the mortgage after the partition action has begun is not made a party and does not have a right and duty to intervene as against the buyer at the partition sale even though the final decree is appealed and changed, and the purchaser has knowledge of the mortgage at the time of such sale. (see Turner v. Bank of America Nat. Trust & Sav. Ass’n (1933) 135 Cal.App. 314.) Additionally, a defendant is not entitled to the notice provided by California Civil Code section 762 when he or she is not a lienholder at the time the suit has commenced. (Turner v. Bank of America Nat. Trust & Sav. Assn’n, 135 Cal.App. 314.) Where the referee’s findings have been approved by the court in its final decree in the suit almost two months before the execution of the defendant’s mortgage, the defendant may not claim to be a lienholder of the property when the referee made his or her investigation. (Turner v. Bank of America Nat. Trust & Sav. Assn’n, 135 Cal.App. 314.)

At Underwood Law Firm, our San Rafael 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.