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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.
"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 helped us set up our partnership and was straight forward and honest about the process and what was needed (so rare these days!). He gave us the expectation strait out and held to them (unlike the last corporate firm). Unfortunately when your new it takes a few to find the good ones. This is your guy!" O.A.
"Eli has been a great help to me. He is thoughtful and tries hard to achieve the best outcome, and is especially interested in avoiding litigation, and helping his client find the best way forward, even if it avoids conflict and makes his job smaller and simpler. I feel very comfortable with what was worked out, and sleep well over it. I give the highest recommendation to Eli!" D.W.
"Marcus and his team are true professionals and their attention to detail is impeccable. He definitely knows the right questions to ask and how to find the facts he needs to win your case. Having someone on your team who’s working hard behind the scenes can give you peace of mind during challenging times and that my friend is invaluable. He has a pretty unique approach that makes him special in what he does and that uniqueness make a huge difference. I highly recommend them!" C.F.