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.