Escondido Partition Lawyer

Understanding Co-Ownership in San Diego County

Our team of partition attorneys in San Diego can assist co-owners with frequently asked questions about partitions, such as:

  • What is a partition action and when is it necessary?
  • Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
  • Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
  • What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
  • Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.

Partition Attorney in Escondido, California - San Diego County Partition Lawyer

Our Escondido Partition Attorneys Know San Diego County

Escondido is a city located in San Diego County, California. It is situated in a valley surrounded by mountains, about 30 miles (48 km) northeast of downtown San Diego. Escondido is known for its beautiful scenery, outdoor activities, and vibrant culture. The city is home to a variety of attractions, including the San Diego Zoo Safari Park, the California Center for the Arts, and the San Diego Zoo. Escondido is also home to a number of wineries, breweries, and restaurants. The city is a popular destination for outdoor enthusiasts, with its many parks, trails, and golf courses. Escondido is a great place to live, work, and play.

Escondido, California was founded in 1888 by William and Mary Henshaw. The city was named after the Spanish word for “hidden” due to its location in a valley surrounded by hills. The city was originally a farming community, but it quickly grew into a bustling city with a population of over 150,000. In the early 1900s, the city was known for its citrus groves and wineries. In the 1950s, the city experienced a population boom due to the influx of military personnel and their families. The city has since become a major hub for technology, manufacturing, and tourism. Escondido is now home to a variety of attractions, including the San Diego Zoo Safari Park, the California Center for the Arts, and the Escondido History Center.

Doe ex dem. McCall v. Carpenter – Partition Action Case Study

In the legal case of Doe ex dem. McCall v. Carpenter, 59 U.S. 297 (1855), the issue was whether a partition of land could be made between two parties who had conflicting claims to the same land. The plaintiff, McCall, had purchased the land from the original owner, while the defendant, Carpenter, had obtained a deed from the original owner’s heir. The court held that the partition could not be made, as the conflicting claims could not be reconciled. The court also held that the plaintiff was entitled to the land, as his deed was the first in time.

Contact an Experienced Partition Attorney in Escondido, California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers serving Escondido have years of experience ending co-ownership disputes in California and can help you unlock the equity in your San Diego County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (760) 999-3300 or fill out a contact form online.

Contact us Today for a Free Consultation with a Partition Attorney in Escondido, California