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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.
"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.