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.