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Berkeley Partition Lawyers

Berkeley, located on the northeastern shore of San Francisco Bay, in Alameda County was originally founded as a tourist destination from the Rancho San Antonio land grant in 1820. Berkeley is a city of renters, which can lead to issues involving the accounting for rents when co-owners decide to sell jointly owned property, which is known as a partition action. In that instance, an owner out of possession may compel his or her cotenant in possession to account for rents and profits received by him or her from third persons when aided by an experienced Berkley Partition Lawyer.

Generally, Berkeley 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;

On the one hand, if a cotenant who has been in possession or use of the premises seeks to obtain contribution for improvements or money spent to protect the property, a court may defensively charge the claimant with at least a part of the reasonable value of his or her occupancy or use, and in some cases may hold him or her accountable for profits realized from the premises, even though he or she could not otherwise be required to account or be held liable for any of such benefits. (Hunter v. Schultz (1966) 240 Cal. App. 2d 24, 31–32, 49). On the other hand, the party in possession of the property may deduct from the rents and profits any amounts paid for taxes and for necessary and proper repairs and additions on the premises held in common during the period for which the rents were collected (see Goodenow v. Ewer (1860) 16 Cal. 461, 472).

The California Gold Rush of 1849 brought an unprecedented influx of people to the Bay Area, and by the mid-1850s a small community of settlers began to cluster near the shores of the Bay in what was, and still is, an area of Berkeley known as Ocean View.  One the oldest university in California is in Berkeley, University of the California. In 1873, the College of California merged with the Agricultural, Mining, and Mechanical Arts College to create the University of California. Berkeley remains primarily an educational and residential community.

However, a knowledgeable Berkeley Partition Attorney also knows that a court must navigate the issues involving parties in possession. In such cases, the court will order an accounting and ensure that each party’s contribution and obligations. A Berkeley Partition Lawyer will use their knowledge of the law in a partition by sale to ensure that their clients interests are asserted to the fullest extent of the law.

At the Underwood Law Firm, our Berkely Partition Attorneys are well versed in the legal remedy of partition, and the accounting portion, and are ready to assist you.

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“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.
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"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.
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