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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.
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"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.
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"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.
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"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.
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