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.