Fontana Partition Lawyers

Fontana is a city in San Bernardino County, known for the Auto Club Speedway, and was mainly a rural area until Henry J. Kaiser built a large steel mill in 1941. Since then, Fontana has developed as a bedroom community filled with subdivisions. Fontana Partition Attorneys find partition actions to be the best remedy for fighting co-owners in four broad categories:

• Split building dispute; 
• Brother-Sister building dispute; 
• Investor-Investor building dispute; and 
• Girlfriend-Boyfriend building dispute

An experienced Fontana Partition Lawyer knows that most partition actions result in a partition by private sale, which involve a private bidder of property. When there is a valid sale of property at a partition sale, then the buyer gets the precise interest sold and no other. The buyer at a partition totally lacks any right to any after-acquired interest of any party to the partition sale. (Potrero Nuevo Land Co. v. All Persons Claiming Interest in the Real Property (1916) 29 Cal.App. 743.) When there is some totally obvious invalidity to the sale, then the buyer will not become an owner but may be treated as a trespasser. (Woodward v. Superior Court (1892) 95 Cal. 272.)

When there is a hearing on determining a bid for the sale of property at a partition sale, one who wants to buy the property and makes an increased offer that exceeds the sale price by at least 10% on the first $10,000 and 5% on the excess amount, the court has a number of options. In that scenario, the Judge can decide to (1) void the sale and order that a new sale occur; or (2) void the sale, but accept the increased offer, and confirm the sale to the persons trying to buy the property. (CCP § 873.740(a).)

In such a sale, a court will not consider unfairness or the inadequacy of the price. When a judge orders that a partition sale occur, it is to everyone’s benefit to get the most money possible for the property, and the court can use its own judgment to accept the highest possible offer. (see Parker v. Owner (1950) 96 Cal.App. 78.) If a notice of a new sale is given, however, then it must be given in the same way as the original sale. Otherwise, any increased offer amount that is more than the sale price must be based on the gross amount, including any sales commission. (CCP § 873.740(b).)

Code of Civil procedure section 873.740, subdivision (c), provides that in advance of a sale, when the court orders or the parties to an increased offer by someone who is not represented by a realtor, then the amount by which an increased offer of a non-party exceeds the sale price is determined on the basis of the net amount of the increased offer excluding any commission on the increased offer to which an agent may be entitled. As such, a person seeking to buy or sale property at a partition sale should consider contacting an experienced Fontana Partition Lawyer.

At the Underwood Law Firm, our Fontana Partition Attorneys are well versed in the legal remedy of partition. With an expert’s help, you may find a solution that works in favor of you and any joint property owners.