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.