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

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.
"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.