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Yorba Linda Partition Lawyers

The history of the City of Yorba Linda dates back as far as 4,000 years ago, but the city’s modern history began later in 1834. It wasn’t until the 1960s that Yorba Linda experienced a significant growth in population and city housing development. With over 80% of Yorba Linda homes being owner-occupied, this suggests that many homes are jointly owned. Residents of Yorba Linda who own real estate may face disputes with co-owners. Generally, the best Yorba Linda 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

Where a person named trustee of property is also a co-owner and the trust has been carried out, the trustee may still bring a suit for partition despite trustees not being enumerated for in the statutory provisions for partition. (see O’Bryant v. Bosserman (1949) 94 Cal.App.2d 353.)

For example, in O’Bryant, a wife sued her husband to partition property where the real estate was held by the plaintiff as a trustee of a trust. The trial court entered an interlocutory judgment of partition, and the husband appealed. The husband claimed that the trustee of a trust lacked standing as an owner to partition property. The Court of Appeal, however, affirmed the trial court’s order finding it to be a proper application of the law.

A judge may determine that a certain property or interest therein subject to an express trust be sold. (CCP § 872.840(a).) Once the property has been divided or sold, the property or proceeds allocated to the trustee of the express trust will be held by the trustee on the trust. (CCP § 872.840.) Where property is held in trust for beneficiaries instead of express trust, any beneficiary with a right to convey may seek an action in partition. (see Varni v. Devoto (1909) 10 Cal.App. 304.)

If a co-owner’s surviving spouse has a vested interest in the property upon the co-owner’s death and is on the record as a tenant-in-common with other owners, the surviving spouse is allowed to seek an action in partition. (see Oliver v. Sperry (1934) 220 Cal. 327.) Until a disposition of the property has been made, a decedent’s heirs at law may not seek an action in partition even though the decedent’s real property passes to his or her heirs as the heir’s right to the property interest is subject to the administration of the decedent’s estate and its disposition according to the law or the decedent’s will. (see Bank of Ukiah v. Rice (1904) 143 Cal. 265.)

If a party has a right to partition the property or if the party fails to seek an action in partition, the right of the decedent’s surviving child passes down to only the child, and the surviving spouse may not bring a partition suit after the decedent passes. (see Prob. Code § 9823(b).)

At Underwood Law Firm, our Yorba Linda 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.