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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.

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.