Palm Springs Partition Lawyers

The City of Palm Springs has a rich history dating back to more than 2,000 years ago, when the land was a Native American oasis. It wasn't until the 1900s when the city became a fashionable resort. As housing development increased, the town evolved from a ghost town into a year-round community. With over 60% of owner-occupied housing units, this suggests that many homes are jointly owned. As such, residents of Palm Springs who own real estate may face disputes with co-owners. Generally, the best Palm Springs 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

As such, it is important to be familiar with the persons entitled to commence partition actions. In general, an action for partition may be commenced only by an individual having an interest in the property as a co-owner, owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates as provided in Code of Civil Procedure section 872.210(a). However, persons with an equitable interest in the property may also bring a suit in partition. (see Watson v. Sutro (1890) 86 Cal. 500, 528.) Thus, a partition action may be maintained by a person holding an equity of redemption. (see Powers v. Powers (1963) 221 Cal.App.2d 746, 750.)

Where there are concurrent interests in the property, there is a right to partition unless there exists a valid waiver barring such partition. (CCP § 872.710(b).) However, this does not apply to partnership property. (CCP § 872.730.) Partnership property is subject to the limitations of the partition provision in Code of Civil Procedure section 872.730. (Assembly Legislative Comm. Comment to CCP § 872.210.)

Persons holding interest in property have an absolute right to partition unless there exists a valid waiver barring partition. (see Orien v. Lutz (2017) 16 Cal.App.5th 957.) Persons having an interest in the property as a tenant in common or joint tenant have an absolute right to partition that cannot be denied, regardless of any supposed difficulty or suggestion that any parties' interest will benefit by denying the application or delaying the action. (CCP § 872.210(a)(2); see Bacon v. Wahrhaftig (1950) 97 Cal.App.2d 599; Lazzarevich v. Lazzarevich (1952) 39 Cal.2d 48.; Priddel v. Shankie (1945) 69 Cal.App.2d 319.) The only requirement necessary is the showing of clear title, and a partition can never be denied just because of a possibility that a co-owner might experience financial loss. (see De Roulet v. Mitchel (1945) 70 Cal.App.2d 120.)

Where another co-owner has conveyed his or her interests in the property to a third party, the right of other co-owners to partition remains unaffected. (see East Shore Co. v. Richmond Belt Ry. (1916) 172 Cal. 174.) This remains true even if all of the co-owners have conveyed their interests in trust, providing that the trust purpose has been accomplished, and is not affected by the partitioner's mortgage. (see Gardiner v. Cord (1904) 145 Cal. 157.)

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