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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.

Client Reviews
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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.
★★★★★
"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.