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Irvine Partition Lawyers

Irvine is located in Orange County, 45 miles south of Los Angeles and is well known for its beautiful parks, friendly people, and low crime rate. As a growing city, Irvine residents often own and share a property with others. When differences emerge between parties, however, then separation may result and leave in question what one does with the jointly owned property. A quality Irvine Partition Lawyer will advise any co-owner to attempt reaching a voluntary partition agreement with other joint owners of the property before initiating a partition action within the judicial system that will cost more money.

Partition actions are commonly initiated by people who are intimately close to each other. In these scenarios, a voluntary partition is the best solution in seeking remedy over a shared property. It allows both parties a chance to reach common ground peacefully when dealing with a close relative. Irvine Partition Lawyers often find there to be at least four broad categories where joint owners seek partition of real estate;

  • Dad-Son house ownership;
  • Brother-Sister house ownership;
  • Boyfriend-Girlfriend house ownership; and
  • 50/50 house ownership

One of the methods of partition that an experienced Irvine Partition Attorney can recommend is the voluntary partition of property. Joint owners can decide to voluntarily partition the property based on an agreement. The owners can use any method they want to partition the property that satisfies each of their interests. (see Gonzalez v. Gonzalez (1917) 174 Cal. 588.) If interested, the joint owners can make a voluntary partition among themselves by conveying their interests in the property to another joint owner. (Cristy v. Spring Valley Water-Works (1885) 68 Cal. 73.) On the other hand, joint owners may agree to partition part of the land owned in common and leave the rest of the land in joint ownership. (see Tewksbury v. Provizzo (1859) 12 Cal. 20.) Alternatively, an Irvine Partition Lawyer may have the co-owners consider using a disinterested person to determine the matter for them. The ultimate result is the division of the property into as many portions as there are co-owners.

During voluntary partitions, an Irvine Partition Attorney can help effectuate the common agreement of the joint owners by writing a contract that is binding on all co-owners of the shared property. (see Center v. Davis (1896) 113 Cal. 307.) In such an agreement, it is important that all property owners sign an agreement for a voluntary partition, because without all of the parties, such an agreement is likely invalid. (see Tewksbury v. O’Connell (1862) 21 Cal. 60.) In other words, a contract without the signatures of all of the owners will not bind any party, if not all parties sign the contract. Alternatively, where many of the co-owners attempt to transfer their interests to a disinterested third party so that they could then convey the interests of all owners to the separate parcel, the law will likely not recognize that transaction either. (see Center v. Davis (1896) 113 Cal. 307.) Therefore, it is essential that each and every co-owner is on board with the agreement in voluntary partitions.

The Irvine Partition Lawyers at the Underwood Law Firm are experts in dealing with partition actions and written agreements. Let us help make your troubled situation appear seamless.

Client Reviews
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“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.