Victorville Partition Lawyers
The city of Victorville is located in San Bernardino County and is best known as a stop along the famed Route 66 within its Old Town Victorville historic district. As a growing community and one which has a history of railroad development, Victorville residents often find themselves owning or inheriting property with another. Joint ownership of real estate, however, is no easy venture. Disagreements often arise over the use of the shared property, which leads to arguments and headaches with co-owners. In these times, a Victorville Partition Lawyer can help find a solution and provide one peace of mind as to their difficult situation.
Victorville Partition Lawyers find that there are at least four different scenarios that commonly lead to a partition action:
- Co-owned land a significant other wants to sell;
- Co-owned land a sibling wants to sell;
- Co-owned land a parent wants to sell; and
- Co-owned land an investor wants to sell;
Generally, partition actions are sought by co-owners who wish to part ways with other co-owners. A Victorville Partition Lawyer knows that all that is required is a clear title to be shown. As one court stated, “It is, moreover, the accepted doctrine...that a cotenant is entitled to partition as a matter of absolute right...he need not assign any reason for his demand...The only indispensable requirement to its award is that a clear title be shown, and in no event is a partition to be denied because it will result in financial loss to the cotenants. (De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 124.)
Such suit may be initiated by a joint owner of real property or by an estate of inheritance, an estate for life, or an estate for years in real property where the property or estate is owned by several persons concurrently or in successive estates. Under the California Code of Civil procedure section 872.710, partition as to successive estates will be allowed if it is in the best interest of all the parties. The court considers whether the possessory interest has become unduly burdensome to the parties because of taxes, other charges, and other factors spelled in section 872.710(c).
The commencement of a partition action between spouses or putative spouses for partition of their community or quasi-community property or their quasi-marital interest in a property may not be commenced or maintained under the partition statute. The Civil Code of Procedure, section 872.210(b) prohibits such to promote a policy of making family law court the only forum for the resolution of disputes relating to marital property. However, the statute only prohibits the severance of the community interest of spouses. A Victorville Partition Lawyer will explain that it does not preclude the partition of other estates or interests in the property that may exist concurrently or successively with the community interests.
If you find yourself in a joint owner relationship that no longer serves your best interest, the Victorville Partition Lawyers at the Underwood Law Firm deal with these scenarios frequently. They are well versed in all the legal turns and twists associated with partitioning property and are ready to assist you.