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Garden Grove Partition Lawyers

Garden Grove is located in Orange County, well known for the Crystal Cathedral, and was named by an attorney and physician, Alonzo Cook, who moved to the area in 1874 and donated much land before leaving in 1881. As a familial city, Garden Grove residents commonly own their homes in unity. This tie can become troublesome when joint owners wish to part ways and disagree on what to do with the shared property, such that seeking advice from a Garden Grove Partition Lawyer is beneficial.

Generally, Garden Grove Partition Attorneys usually find partition action to be the best remedy for disputing joint owners in four broad categories:

  • Parent-Child shared tenants in common in real estate;
  • Brother-Sister shared tenants in common in real estate;
  • Investor-Investor shared tenants in common in real estate; and
  • Significant others shared tenants in common in real estate;

An experienced Garden Grove Partition Lawyer will be familiar with how to work cooperatively with a partition referee. After a property is sold in a partition sale, the partition referee has a duty to report the sale to the judge. (CCP § 873.710.) The partition referee’s report is required to contain all necessary information, including: (1) a description of the property sold to each purchaser; (2) the name of the purchaser; (3) the sale price; (4) the terms and conditions of the sale and the security, if any, taken; (5) any amounts payable to lienholders; (6) a statement as to contractual or other arrangements or conditions as to agents' commissions; (7) any determination and recommendation as to opening and closing public and private ways, roads, streets, and easements; and (8) other material facts relevant to the sale and the confirmation proceeding. Notably, the Code of Civil Procedure permits the partition referee to file interim and final reports, to settle accounts, and to discharge the referee. (CCP § 873.510.)

A knowledgeable Garden Grove Partition Lawyer will also know about referee reports and confirmation of sale. Once a partition referee makes a report, then the court must confirm the sale before it can be final. (Hastings v. Cummings (1868) 35 Cal. 549.) Until a court actually confirms the sale, however, then the bidder completely lacks any right to the property. That said, the prospective purchaser is entitled to recognition by the court, and the court must confirm the sale unless there is a valid legal reason to vacate the sale. (Dunn v. Dunn (1902) 137 Cal. 51.) Either a prospective buyer, the referee, or another party has a right to vacate the sale. (CCP § 873.720.)

In order to vacate a sale, a party must provide notice of at least 10 days. (CCP § 873.720.) When the court hears the motion, the judge will analyze the partition referee’s report and any other evidence. (CCP § 873.730.) When a party asks the court to confirm a credit sale, then the judge must assess whether the credit bidder is responsible before confirming the sale. (See Law Rev. Comm. Com to CCP § 873.730.) That said, the law provides the court with authority to confirm the sale despite a departure from the terms of sale if the judge believes it will be beneficial to the owners. (CCP § 873.730.) After the court confirms a sale, the court can order the referee to complete any instrument to transfer the proceeds. (CCP § 873.750.) The Court should also order may direct the referee concerning the distribution, deposit, or securing of sale deposits and sale proceeds. (CCP § 873.750.)

The Garden Grove Partition Lawyers at the Underwood Law Firm are well-versed in dealing with partition actions and written agreements. Let us help make your troubled situation appear seamless.

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.