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Livermore Partition Lawyers

Livermore, a city in Alameda County, is at the eastern edge of the San Francisco Bay Area. This proximity to a major city has elevated Livermore’s real estate market so that most buildings are jointly owned by two or more owners. Joint property acquisition allows two parties to combine their strengths when entering the real estate market. However, co-owners are bound by the single property, and disagreements arise when each co-owner has different plans for the shared property. One co-owner may want to sell and profit, while another may want to hold and reinvest. In these situations, speaking with a Livermore Partition Lawyer is crucial to know your rights as a joint owner.

Livermore Partition Lawyers often find disputing joint owners in the following categories: 

  • Split land one party wants to sell;
  • Girlfriend-Boyfriend land one wants to sell;
  • Investor-Investor land one wants to sell; and 
  • Brother-Sister land one wants to sell;

When parties initiate partition of a shared property, the law favors partition in kind, that is, the physical division of the property. A Livermore Partition Attorney can explain that such a method is preferred because the physical division of the property does not disturb the existing form of inheritance or force a person to sell their property against their will. The referee appointed by the court to oversee the partition must divide the property and allot the several portions to the parties according to their interests in the property. Where the property to be partitioned consists of more than one parcel, it will be divided by such parcels to the extent that it can be done without injustice to the parties’ rights. However, where the title to the land was proven through conveyances referring to a specific map, the property must be partitioned according to the same map to avoid conflict.

When allotting the property among the joint owners, the referee may consider all the elements of value. In East Shore Co., the court allowed the referee to take into consideration the proximity of the property to centers of population, commerce, and the different uses to which each parcel of land could be used, giving those parcels with more significant benefits more value than others. (See East Shore Co. v. Richmond Belt Ry. (1916) 172 Cal. 174.) The referee will also consider the existence, scope, and effect of any liens and contracts of sale to which the land may be subject and should separately partition the parcels to allow them, in severalties, to be subject to those liens and contracts. This applies where the property consists of several distinct parcels, some of them subject to liens, others to contracts of sale, and still others unencumbered. An expert Livermore Partition Lawyer knows, however, that in appropriate cases, the court may order a partition by sale, given certain circumstances, that would make such manner more equitable than partition in kind.

The Livermore Partition Lawyers at the Underwood Law Firm are experts in dealing with partition actions. Let us help make your troubled situation appear seamless and obtain for you the greatest benefit you are legally required to receive.

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.