Dublin Partition Lawyers

The city of Dublin was established in 1872 by William Bourn. Bourn bought 160 acres after hearing about the richness of the land’s soil. Since then, Dublin has sprouted numerous housing developments, which often come with ownership disputes. The best Dublin Partition Lawyers find partition actions to be the best remedy for disputes between 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

A top Dublin Partition Lawyer will be knowledgeable on the manner, terms, and conditions of a partition by sale. A court appointed referee is required to sell the property according to the procedures provided in the provisions of the sale of the property. (CCP § 873.510.)

Parties who wish to have different sales procedures than the procedures provided in the statutes governing partition sales may agree to those procedures. (CCP § 873.600.) However, consent from all parties is required, whether they appeared or not. (CCP § 873.600.) As a result, unless unknown owners who have been made parties are appointed a guardian ad litem, this statute does not apply. Consent is not required for those who are named parties but are not served or have not appeared, as their interests remain unaffected by a judgment in the action. (see Cal. L. Rev. Comm. Comment to CCP § 873.600.) This statute only allows the property owners to stipulate the manner, terms, and conditions of the sale before the referee enters into a contract; not to refuse a sale by adopting new terms while the motion to confirm is pending. (see Sullivan v. Dorsa (2005) 128 Cal.App.4th 947.) The best Dublin Partition Lawyers will be familiar with these procedures.

During trial or thereafter, the judge may specify the manner, terms, and conditions of the sale that are consistent with partition action statutes governing the sale of property, and appropriate for the particular property or sale. (CCP § 873.610.) The judge may also refer to the referee for a recommendation regarding the manner, terms, and conditions of the sale, but the judge may not approve the referee’s report until there is a hearing on the noticed motion. (CCP § 873.610.)

The judge has the power to control the manner, terms, and conditions such as: (1) form, manner, and contents of notice of sale; (2) minimum bid and right to reject all bids; (3) terms of credit; (4) prior estate, charge, or lien to which the property will be subject; (5) escrow and title insurance expenses; (6) agents’ commissions; (7) procedure as to increased offers at court confirmation; and (8) sale of items of personal property individually, in a single lot, or in several lots. (see Cal. L. Rev. Comm. Comment to CCP § 873.610.)

The judge may direct a credit sale for the property or any part of it and determine the appropriate terms of credit. (CCP § 872.630(a)-(b).) The judge may also approve or specify the terms of security to be taken upon the sale according to the parties’ interests, including the manner in which the title will be taken and the number of instruments. If the judge fails to prescribe such terms of credit, the referee may then accept offers that request different terms. (see Cal. L. Rev. Comm. Comment to CCP § 873.630.) A person who intends to purchase property from a partition sale should consult a top Dublin Partition Attorney to ensure that they adequately understand the process.

At Underwood Law Firm, our Dublin Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues. (CCP § 873.30(b).)

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.
"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.