Davis Partition Lawyers
The City of Davis was founded in 1868, originally as a depot on the Southern Pacific Railroad. The town was originally named “Davisville” after Jerome C. Davis but was later shortened by the post office. As the town is located in one of the fastest growing counties, residents of Davis who own property may face disputes with co-owners. Generally, the best Davis Partition Attorneys usually find partition action to be the best remedy for disputing co-owners in four broad categories:
- Split real estate dispute;
- Brother-Sister real estate dispute;
- Investor-Investor real estate dispute; and
- Significant other real estate dispute
The best Davis Partition Attorney will be familiar with the concepts of owelty after a partition by division and the designating and closing of roads when partitioning by division. Owelty is the amount of money paid by a former joint tenant when a partition of the property results in an unequal division. This amount is determined by the court to compensate the party for the unequal division. Owelties in partition are different from that in accountings, allowances, and the like. (see Cal. L. Revision Comm’n Comment to CCP § 873.250.)
A party may be required to compensate the other party and correct the inequality if the partition by division cannot be made equally and prejudices the rights of others. (CCP § 873.250(a).) However, unknown owners do not have to compensate others. (CCP § 873.250(b). Minors also do not have to compensate others unless the minor has personal property sufficient for that purpose and his or her interest will be advanced by the payment of such compensation. (CCP § 873.250(b).) A top Davis Partition Attorney will be aware of these requirements.
Owelty awards turn on a question of fact as they are determined on the value of the real property. In one case, landowners who failed to timely move for a new trial were precluded from challenging the award amount on appeal. (see Jamison v. Jamison (2008) 164 Cal.App.4th 714.) This amount may be determined by an evaluation of the award amount given the evidence presented at trial. This may be determined at the trial court level. For these reasons, a motion for a new trial is required for both owelty and damage awards. As such, a motion for a new trial was necessary to the landowner’s challenge to the owelty award’s adequacy on appeal in Jamison. (see Jamison v. Jamison (2008) 164 Cal.App.4th 714.) The best Davis Partition Attorney will do what is necessary to ensure the adequacy of owelty awards.
Sometimes, the referee may designate a part of the property as a public or private way, road, or street, when selling or dividing the property. (CCP § 873.080(a).) When making the designation, the referee may suggest closing the roads on the property and allocating a part of the property occupied by those roads to the parties. (CCP § 873.080(a).) The referee’s designation and recommendation must accommodate public and private needs. (CCP § 873.080(b).)
Upon the court’s confirmation of the referee’s report, (1) the portion of the property designated to be a public way, road, or street must not be allocated to any of the parties or sold, but must be an open and public way, road, or street; (2) the property designated as a private way, road, or street must be a private way for use of the parties interested; and (3) the roads recommended to be closed must be deemed abandoned on the terms stated in the order of confirmation. (CCP § 873.080(c).)
At Underwood Law Firm, our Davis Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.