Justia Lawyer Rating
Super Lawyers
Avvo Client's Choice
Avvo 10
Lawyers of Distinction
Million Dollar Advocates Forum
Expertise Badge

Antioch Partition Lawyers

The city of Antioch was founded when Rev. William Wiggins Smith and Rev. Joseph Horton Smith sailed from Boston to purchase the land from John Marsh following a religious picnic on July 4th, 1851. Generally, Antioch Partition Attorneys usually find partition action to be the best remedy for disputing joint owners in four broad categories:

  • Parent-Child shared tenants in common in real estate;
  • Brother-Sister shared tenants in common in real estate;
  • Investor-Investor shared tenants in common in real estate; and
  • Significant others shared tenants in common in real estate;

An experienced Antioch Partition Lawyer will also be aware of the rights and obligations of a bidder at a partition sale. Generally, a person who tries to buy property at a partition sale assumes a number of obligations, including being subject to the court’s authority and the judge may require them to stand firm by their offer. Alternatively, one who tries to buy the property is entitled to certain things, as much as any other person, such as to have the Court confirm the sale. (Dunn v. Dunn (1902) 137 Cal. 51.) For example, when there is a credit sale, a court can determine whether the credit bidder is responsible before confirming the sale. (see Cal. L. Rev. Comm. Comment to CCP § 873.730.) Indeed, the court can determine whether there is a right to any variation from the terms of the sale if it benefits to certain parties or will prejudice others. (see CCP 873.8730(b).)

A person who tries to buy property at a partition sale, but alleges that the partition sale was not handled property, or that they were deceived, or that they are not going to get what they paid for, has a right to state an objection to the court. Absent such an objection, a bidder at a partition sale is bound by the Court’s Order confirming the sale. (see Hammond v. Cailleaud (1896) 111 Cal. 206.) A knowledgeable Antioch Partition Lawyer will be familiar with this process.

Instead, under the Code of Civil Procedure, a prospective buyer at a partition sale who fails to pay may be subject to court action. (CCP § 873.760.) When a prospective purchaser at a partition sale fails to pay, then any party or a partition referee may ask the Judge to Order any of the following: (1) that the property be re-sold at another partition sale, and a referee can seek any losses, including attorneys’ fees, from the defaulting party; or (2) that the referee sue the defaulting purchaser. (CCP § 873.760(b).) When a partition referee agrees to re-sell partitioned property, and sue the original bidder, then the defaulting buyer is not liable if the terms of the new sale are different. (Hammond v. Cailleaud (1896) 111 Cal. 206; Kerrigan v. Maloof (1950) 98 Cal.App.2d 605.) That is, a person who intends to purchase property from a partition sale should consult a knowledgeable Antioch Partition Lawyer to ensure that they adequately understand the process.

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

Client Reviews
“We were in need of a real estate attorney. Eli Underwood provided excellent legal advice and services. He explained everything well and followed through with all important issues that needed attention. We found him to be reliable, courteous, patient and extremely professional. We highly recommend Mr. Underwood without any reservations.” I.S.
"Mr. Underwood is a fantastic Lawyer with extraordinary ethics. He responds quickly, which is rare these days, and he is very knowledgeable in his craft. It was a pleasure working with him and we will definitely use his services in the future if needed. Thank you for your help Sir!" M.O.
"Eli helped us set up our partnership and was straight forward and honest about the process and what was needed (so rare these days!). He gave us the expectation strait out and held to them (unlike the last corporate firm). Unfortunately when your new it takes a few to find the good ones. This is your guy!" O.A.
"Eli has been a great help to me. He is thoughtful and tries hard to achieve the best outcome, and is especially interested in avoiding litigation, and helping his client find the best way forward, even if it avoids conflict and makes his job smaller and simpler. I feel very comfortable with what was worked out, and sleep well over it. I give the highest recommendation to Eli!" D.W.
"Marcus and his team are true professionals and their attention to detail is impeccable. He definitely knows the right questions to ask and how to find the facts he needs to win your case. Having someone on your team who’s working hard behind the scenes can give you peace of mind during challenging times and that my friend is invaluable. He has a pretty unique approach that makes him special in what he does and that uniqueness make a huge difference. I highly recommend them!" C.F.