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.