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Torrance Partition Lawyers

The City of Torrance was founded in October 1912 when Jared Sidney Torrance and a group of investors purchased the land as part of an old Spanish land grant. The plan was to create a planned modern industrial city with both residential and industrial uses. Today, while much has changed, Torrance has remained a largely stable and balanced city, mixed with residential, commercial, and industrial interests. As a town with a rich history in residential development, residents of Torrance often own homes with others due to inheritance, which can lead to disputes with co-owners. Generally, the best Torrance 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

Generally, both real and personal property may be partitioned in one action. (CCP § 872.240.) However, severance may be appropriate where different parties are interested in the real and personal property joined in the partition action. (Cal. L. Rev. Comm. Comment to CCP § 872.240.) Where the partition of both real and personal property is joined a single cause of action, a party may not then demur based on the misjoinder of the causes of action. (see Bolan v. Gallagher (1921) 52 Cal.App. 503, 504.)

Real property may be joined in a single partition suit even where the real property is comprised of multiple different parcels or tracts of land or located in different counties. (see Murphy v. Superior Court (1902) 138 Cal. 69, 72.) Generally, the rule is that each of the parcels must be owned by the same individuals in order to permit the joinder in one action. (see Middelcoff v. Cronise (1909) 155 Cal. 185, 189.) This rule is based on the universally accepted doctrine that one co-owner may not convey his or her interest in that parcel of the property held in common if doing so will prejudice the rights of the other co-owners. In that case, a grantee or successor of the co-owner will fill in for the grantor, with respect to the rights of all other co-owners and the co-owner's successors as to partition.

For partition purposes, even where real property consists of one or more parcels, the whole of the original property held in common by the co-owners is still considered a unit as though there was not a change in ownership. (Middelcoff v. Cronise, 155 Cal. 185.) So, a grantee may be considered a necessary party defendant despite the fact that the party is a co-owner of only one of the parcels involved. The fact that such party is not interested in the other parcels of the property is not a ground for objecting to the joinder in one action of the multiple parcels of land. Instead, it is usually the better practice to join that person in that process.

At Underwood Law Firm, our Torrance 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.