Upland Partition Lawyers

The City of Upland was originally an irrigation colony that later became known for its citrus groves. It wasn’t until 1954 when Interstate 10 was completed that the city of Upland began its transition from an agricultural area to a residential and commercial community. As the population continues to rise and the residential community continues to grow, residents of Upland who own real estate may face disputes with co-owners. Generally, the best Upland 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, the homestead rights of a co-owner in his or her interest in the common property do not preclude that co-owner from bringing an action in partition. (see Young v. Hessler (1945) 72 Cal.App.2d 67.) A “homestead” owner is a person who declares their property to be part of a “homestead” under the law. (CCP § 704.910(d.)) A homestead declaration generally has several parts that are required to be included to be valid. (see CCP § 704.910(d)(1-2).) However, a judge may decide not to include a part of the common property, subject to a probate homestead, in the partition of the property in order to protect the surviving spouse’s property rights during her lifetime. (see Mills v. Stump (1912) 20 Cal.App 84, 90-91.)

If the common property is set aside as a probate homestead favoring the surviving spouse and minor child, and the child and others have the remainder, the child is not allowed in the partition action to ask for the sale of property and investments of the proceeds during the surviving spouse’s lifetime even where the surviving spouse rented the property and stopped living there, and the child has become an adult. (see Krieg v. Crawford (1922) 59 Cal.App.309.)

If the statutory homestead is destroyed by a judgment for divorce in which the interests in the homestead has not been properly distributed, the parties become tenants in common and either party may bring a partition suit. (see Lang v. Lang (1920) 182 Cal. 765.) If the spouses held the common property as joint tenants, subject to a valid homestead, then one spouse waives and may be barred from bringing a partition action. (see Kaupe v. Kaupe (1955) 131 Cal.App.2d 511, 514.)

Married persons who own the property as joint tenants or tenants in common and are qualified under the statute making them a class able to partition the property have the same rights in a partition action as unmarried persons. (see McCracken v. McCracken (1946) 75 Cal.App.2d 872.) As such, either spouse who own the property as joint tenants has a right to partition the property. (see Kaupe v. Kaupe (1955) 131 Cal.App.2d 511.) If the property is characterized as community property, quasi-community property, or a quasi-marital interest in the property, the property may not be divided in a partition action.

At Underwood Law Firm, our Upland 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.