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Tracy Partition Lawyers

Tracy is a charming city in San Joaquin County, California. It is best known for railroads, agriculture, and wineries. When joint ownership issues become a problem, often its citizens will reach out to a Tracy Partition Lawyer. While many types of interests may be subject to partition, an action between spouses for community property, or their quasi-marital interest in property, must be brought in family court. There are at least four other instances where a Tracy Partition Lawyer may be helpful:  

  • Parent-Child co-ownership of property;
  • Sibling-Sibling co-ownership of property; 
  • Boyfriend-Girlfriend co-ownership of property; and 
  • Investor-Investor co-ownership of property

Otherwise, Code of Civil Procedure section 872.210, subdivision (b), codifies the rule that community property is not subject to partition. “Community property” is the term for real estate and personal property owned by married couples in California. If a court finds that property is “community property,” then that owners remedies must be sought in a family law court in California.

Otherwise, Section 872.210(b) precludes severance of only community property; it does not preclude partition of other estates or interests in the property. (see In re Marriage of Graves (1988) 198 Cal. App. 3d 1047, 1050–1052, 244 (addressing partition of former community asset after marital dissolution).) Indeed, other types of estates including joint tenancies, tenancies in common, and estates for years are subject to partition. When the common property is held by husband and wife as joint tenants and is subject to a valid homestead, however, then one spouse may be barred from bringing a suit for partition of the homestead. (Walton v. Walton (1943) 59 Cal. App. 2d 26, 36; Kaupe v. Kaupe (1955) 131 Cal. App. 2d 511, 514.) When an interest is not community property, then an experienced Tracy Partition Attorney can be extremely valuable.

Similarly, the declaration of a homestead by a former spouse after a divorce decree of has been entered, cannot bar a partition action. (Squibb v. Squibb (1961) 190 Cal. App. 2d 766, 770.) Indeed, the general rule is that homestead rights are not a bar to partition. (see Young v. Hessler (1945) 72 Cal. App. 2d 67, 69, 164 P.2d 65.) After a divorce decree has been entered, a Tracy Partition Attorney can then assist to resolve joint ownership problems.

The founding of Tracy was the result of the construction of a new rail line from Oakland around the shores of San Francisco Bay, through Martinez to connect to the Central Pacific at a point three miles to the east of Ellis in 1878. The city was named for Lathrop J. Tracy, a grain merchant and railroad director in Mansfield, Ohio. Although railroad operations began to decline in the 1950s, Tracy continued to prosper as an agricultural area. Today, the city seal reflects this history of railroads and agriculture.

The Tracy Partition Lawyers at the Underwood Law Firm have assisted many Tracy residents with partition actions. They are ready to help you with your partition needs and are eager to ensure that your rights as a joint owner are fully respected.

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.