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.