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.

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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.
"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.