Yuba Partition Lawyers
Yuba City was founded in 1849 when John Sutter sold the land to Samuel Brannan, Pierson Reading, and Henry Cheever. In Yuba City’s early days, there were around 20 dwelling homes. As Yuba City has developed throughout the years as a residential community, residents of Yuba City who own property may face disputes with co-owners. Generally, the best Yuba City Attorneys 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
A top Yuba City Partition Attorney will be familiar with the manner of partition by division regarding property embracing improvements and property subject to purported conveyance. When property is divided, it must be divided in a way that allots a party any part of the property that they improved or their predecessor in interest. (CCP § 873.220.) This division must be done in way that is practical and does not materially injure the rights of the other parties. (CCP § 873.220.) The value of the property improvement is not included in the determination of the division and allotment. (CCP § 873.220.) The best Yuba City Partition Attorneys will be knowledgeable about this process of division and allotment.
If the allotment of such improvements is not practical, the judge may take the improvements into account by making a suitable allowance for them as partition actions are equitable in nature. (see Ventre v. Tiscornia (1013) 23.Cal.App. 598.) Even if another co-owner did not assent to such improvements, this applies. (see Wallace v. Daley (1990) 220 Cal.App.3d 1028.) However, this rule applies only if the improvements were (1) made by a cotenant, (2) at his or her own cost, (3) in good faith, (4) necessary to the preservation of the common property, and (5) permanent, and they must have (6) enhanced the value of the common property and (7) benefited the other cotenants. (see Ventre v. Tiscornia (1013) 23.Cal.App. 598.) It is important to note that making such expenditures for the improvements does not bar bringing partition actions. (see Lazzarevich v. Lazzarevich (1952) 30 Cal.2d 48.) The top Yuba Partition Attorneys will be aware of the effect of improvements on the allotment of property.
The whole property is subject to a partition if a tenant-in-common conveys a specific part of the property, similar to what would happen if the conveyance of this specific portion had not been made. (see Gates v. Salmon (1868) 35 Cal. 576.) The conveyance of this specific portion is not void and the grantor’s interest from the allotment vests to the grantee.
If the specific portion of the property is set off to the grantor, the judge will set it apart so that the grantee may have it so long as it can be done without materially injuring the other parties’ rights. (see East Shore Co. v. Richmond Belt Ry. (1916) 172 Cal. 174.) The property must be divided in a way to allot the portion to the purchaser and his or her heirs or assigns, or other actions that make the deed purporting to convey the specific portion of the property effectual. (CCP § 873.230.) Such a conveyance may however be disregarded if a just allotment among cotenants must be made if they did not consent in the conveyance. ((see Gates v. Salmon (1868) 35 Cal. 576.)
At Underwood Law Firm, our Yuba City Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.