Probably one of the most complicated area of the law occurs when multiple owners of a single piece of real estate get into a dispute over who owns the real estate. Very often a natural consequence of such a dispute is that one (or all of) the owners will claim that they are the rightful owner and that they alone should be entitled to the property. This in turn can result in multiple lawsuits being filed: One to evict the other owners as “tenants” and another to settle who actually owns the property.
Legally two such cases can exist side by side, however, such dual proceedings can however create a host of unique issues. For example, eviction proceedings have special rules that shorten timelines. This can have the practical effect of one case rocketing forward while the other stalls under the normal rules of California Civil Procedure.
Additionally, there are many motions that can be made to counteract dual proceedings such as motions to consolidate of enjoin all matters into one action. Such motions must be made with strict understanding of timing and filings requirements for BOTH proceedings. If you are concerned about your legal rights regarding property you own the real estate attorneys of Jones & Devoy have experience with dual proceeding and can help you understand the complicated issues that occur around owner evictions.
