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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.

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.