West Covina Partition Lawyers

The City of West Covina was incorporated on February 17, 1923 and became home to an abundance of walnut and orange groves. After the Second World War, the city experienced an exponential growth in population from 1500 residents to more than 50,000 residents. As a result, West Covina experienced a wave of new developments and projects on its land. Today, over 60% of West Covina homes are owner-occupied, suggesting that many homes are jointly owned. As such, residents of West Covina may face disputes with co-owners. Generally, the best West Covina 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

In California, the laws concerning partition actions has grown considerably. (see Buhrmeister v. Buhrmesiter (1909) 10 Cal.App.392.) The partition statutory provisions may be found in detail in the Code of Civil Procedure. (CCP §§ 872.010-874.240.) Even though partition action statutes are from the state, partition actions are equitable in nature and the laws have grown and changed by principles controlled by equity jurisprudence. (see Murphy v. Superior Court of Los Angeles County (1902) 138 Cal. 69.)

As such, suits in partition including the remedies and procedures are governed by the principles and rules of equity rather than law. (see Akley v. Basset (1922)189 Cal. 625.) Thus, the judge has the authority to refuse to partition the property in unique cases on the grounds of estoppel since the doctrine of estoppel applies to partition actions. (see Asels v. Asels (1919) 43 Cal.App. 574.) Likewise, the doctrine of laches may also apply in partition suits. (Akley v. Basset, 189 Cal. 625.)

The term "property" in partition statutes refers to both real and personal property. (CCP § 872.010(c).) Thus, the partition statutes govern actions for partition of real and personal property. (CCP § 872.020.) The statutory provisions concerning civil actions apply to actions under partition provisions unless they are incompatible with the partition statutes. (CCP § 872.030.) In other words, partition actions are conducted in accordance with the code of civil procedure, like most other lawsuits. Unlike other legal proceedings, however, partition actions are unique in that they have their own section of the code of civil procedure that contain additional requirements, and provide additional procedural options, than other legal disputes.

Parties to a partition action are allowed to waive an interlocutory judgment where they agree on their respective interests. They are permitted to consent to the immediate appointment of a commissioner without a preliminary proceeding or to an immediate final judgment if they do not infringe on public policy or transgress restrictions in place to protect the interests of society. (see Grannis v. Superior Court of City and County of San Francisco (1905) 146 Cal. 245.)

At Underwood Law Firm, our West Covina Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.