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Chico Partition Lawyers

Chico, the most populous city in Butte County, is known for being home to the California State University, Chico, and Bidwell Park, one of the largest urban parks in the world. As a small town, many residents have lived in Chico their whole lives and have obtained their homes through inheritance. As these homes continue to be passed down to individuals through intestate succession, many siblings find themselves co-owning property. Joint ownership, however, is no easy venture. An experienced Chico Partition Lawyer can attest to the number of disagreements among co-owners when each has different plans concerning a shared property.

When disagreements arise between co-owners over a shared property, the legal remedy of partition is the favored solution to end all disputes. Chico partition Lawyers find that there are at least four different scenarios that commonly lead to a partition action:

  • Brother-Sister house dispute;
  • Parent-Child house dispute;
  • Boyfriend-Girlfriend house dispute; and
  • Joint tenant’s house dispute

The California Code of Civil Procedure instructs the court to order that the property be divided among the parties in accordance with their interests in the property. Section 872.810 of the Code outlines the preference of prior law for partition by division in kind, the physical division of the property. This method is preferred because it does not disturb the existing form of inheritance or force a person to sell their property against their will. Notwithstanding the provision, a Chico Partition Lawyer knows that a court may order that the property be sold and the proceeds divided among the parties in accordance with their interests in the shared properties where the parties agree to such or where the sale of the building would be “more equitable” than division to both parties.

For determining the manner of partition, the court may appoint a referee and consider their report of the circumstances as allowed by the Civil Code of Procedure under section 872.820(b). Suppose in making a determination whether the sale would be more equitable than a division of the property, the court finds that the sale and division of proceeds for part of the property would be more equitable than a division of the whole property. In that case, the court may order such part of the property to be sold and the remainder divided among the parties. Likewise, where the property or an interest in it is subject to an express trust, the court may, at its discretion, order that the property is sold because the court would find the sale to be a more equitable solution. A knowledgeable Chico Partition Lawyer should be familiar with this process and can further explain the considerations of a referee in deciding whether a partition in kind or sale is more equitable to each party.

If you find yourself in a joint owner relationship that no longer serves your best interest, the Chico Partition Lawyers at the Underwood Law Firm deal with these scenarios frequently. They are well versed in all the legal turns and twists associated with partitioning property and are ready to assist you.

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.
"I own a real estate investment company that operates across multiple states (California, Washington, Oregon, Montana, and more), whenever I run into an issue that needs legal attention, Eli is my first call. I've been working with him for years. He is an amazing attorney and I highly recommend him." Thank you for your help Sir!" T.W.
"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 took our case and controlled every hurdle put before us. I one time commented to him that he must love his job because it seemed that he was always available. When talking about my case to anyone I always bring up where, I believe, the other parties Lawyer tried to take advantage of my wife and me. Eli stopped him in his tracks. On top of it being easy to work with Eli, it was a pleasure to have had him represent us. We were in good hands." E.T
"We were in need of an attorney with considerable knowledge of real estate law and the legal issues related to property ownership. Eli Underwood went above and beyond our expectations. In keeping us abreast of our suit, his communication skills were outstanding. This talent was especially demonstrated when dealing with the apposing counsel. We feel this gave us a tremendous advantage over the opposing party that resulted in us reaching a successful outcome. I would highly recommend Eli Underwood as we found him to be an exceptional attorney." P.B.
"In our need for legal services we found Eli to be well informed and on top of our case and our needs. Our's was not an ordinary case as it was a case with many facets. It was a very convoluted case. There were multiple owners involved in a property dispute where one of the owners sued the rest of the owners with a Partition Suit. Needless to say Eli was instrumental in helping us resolve our differences and gained us a profitable sale all with good end results for all. If you hire Eli Underwood you will not be disappointed!" M.A.