Perris Partition Lawyers

The City of Perris was named after Fred T. Perris, a chief railroad engineer in the 1880s. In the past two decades, the population of Perris has continued to soar. Today, over 65% of housing units are owner occupied, suggesting that many homes are jointly owned. As such, residents of Perris who own real estate may face disputes with co-owners. Generally, the best Perris 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

Critically, Code of Civil Procedure section 872.510 states, “The plaintiff shall joint as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from an inspection of the property, in the estate as to which partition is sought.” (emphasis added) Even if a co-owner’s share of the property is mortgaged, he or she may still maintain a partition suit. (see Gardiner v. Cord (1904) 145 Cal. 157.) If the co-owner has a share that is mortgaged and seeks to partition the property, there may be a property sale and the mortgage amount will be charged against the co-owner’s share, or the mortgagee who is made a party may be required to substitute for the mortgage on an undivided share, a mortgage on that part of the land that the court awards to the mortgagor. (see Cathcart v. Redlands Sec. Co. (1945) 67 Cal.App.2d 591.)

If there is a mortgage on the cotenancy, then the mortgagee has the right and duty to intervene in the partition action, arrange for the mortgage lien, and have the mortgage adjusted in the partition order. (see Towle Bros. Co. v. Quinn (1903) 141 Cal. 382.)

A tenant-in-common may commence an action in partition even though he or she may be in possession of the entire property as a lessee. (Buhrmeister v. Buhrmeister (1909) 10 Cal.App. 392.) Even if the property is under the name of the deceased partner, the surviving partner has a right to partition the property belonging to the partnership. (see Gray v. Palmer (1858) 9 Cal. 616.)

Additionally, Code of Civil Procedure section 872.010 may be applied to an action for a partition of partnership property if the rights of unsecured creditors of that partnership will not be prejudiced to the extent as the judge determines. A partition action is an appropriate remedy when the affairs of the partnership are sufficiently settled, and the remaining issue is the division or sale of the property. (Assembly Legislative Comm. Comment to CCP § 872.730.) Where the action is for a partnership dissolution, the court may make a distribution of the partnership’s real property in kind if the court determines that it is unnecessary to hold a sale of the property in order to satisfy the partnership obligations. (see Logoluso v. Logoluso (1965) 233 Cal. App. 2d 523, 530.)

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