Murrieta Partition Lawyers

Primarily residential, Murrieta is one of the fastest growing cities in the state. As the city’s population increases, so do the number of people who jointly own homes in the area. Whether with a spouse or family, co-owners of real estate are not free from disagreements. A Murrieta Partition Attorney knows that these disagreements often necessitate the need to severe joint ownership over a property to free co-owners from each other. Luckily, the legal remedy of partition is heavily favored in law to end disputes and serves this purpose.

Murrieta Partition Attorneys usually find partition actions to be the best remedy for joint owners in disputes in four broad categories:

• Husband-Wife shared tenants in common in real estate;
• Parent-Child shared tenants in common in real estate;
• Brother-Sister shared tenants in common in real estate; and
• Investor-Investor shared tenants in common in real estate;

Generally, the form, content, and manner of the summons in an action for partition are the same as in civil actions. This is relatively easy when all parties interested in the property are readily known and available. However, a knowledgeable Murrieta Partition Lawyer knows that service on persons named as parties in the complaint where it is known or believed they are deceased, on persons unknown claiming any interest, and on other persons named as unknown defendants must be by publications under the California Civil Code of Procedure sections 415.50 and 872.310.

For example, where the state has acquired by gift under the will of a decedent a interest in property, any holders with interest in the estate must join the state as a party defendant in any action to partition the property. Process in such action must be served upon the attorney general and the Director of Finance pursuant to Government Code section 956. (48 Cal.Jur.3d Partition § 21.) Now suppose a summon fails to contain a description of the property and is directed only to the defendants. The partition will not be invalidated, for the court has the power to permit an amended summons to issue when an amended complaint adds new parties. (See Rutledge v. Rutledge (1953) 119 Cal.App.2d 114; Baldwin v. Foster (1910) 157 Cal. 643.)

Where the court does require service by publication, such order will be subject to certain conditions: (1) the plaintiff must post, within ten days of the date that the order is made, a copy of the summons and complaint on the real property that is the subject of the action, (2) the plaintiff must record a notice of the pendency of the action, and (3) the publication must describe the property that is the subject of the action. The publication must describe the parcel by giving its street address or a legal description of the property. A Murrieta Partition Lawyer knows of the necessity to describe the property in the publication and the name of the defendants who may have claims or interests because a judgment based on the failure to appear under the statute will be conclusive only against the defendants named in respect to the property described in the publication.

At the Underwood Law Firm, our Murrieta Partition Lawyers are well versed in the requirements of the action and can ensure that the process runs as smoothly and quickly as possible.