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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.
"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.