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Long Beach Partition Lawyers

In the 1880s, the City of Long Beach originally started out as a farming and resort community when real estate began to boom. As Long Beach is known for being the most affordable beach city in the Southern California region, residents of Long Beach who own property may face disputes with co-owners. Generally, the best Long Beach Partition Attorneys usually find partition action to be the best remedy for disputing co-owners in four broad categories:

  • Split real estate dispute;
  • Brother-Sister real estate dispute;
  • Investor-Investor real estate dispute; and
  • Significant other real estate dispute

A top Long Beach Partition Attorney will be familiar with the contracts for employment of third persons by referees in partition actions. The court is the entity that supervises in carrying out the partition action. (CCP § 873.110.) When a referee is acting alone, he or she may not employ a third person’s services for assistance. (see Cal. L. Rev. Comm. Comment to CCP § 873.110.)

Subject to the limitations of the statutory provisions in Code of Civil Procedure §§ 873.119-873.160, the judge may: (1) authorize or approve the referee’s contracts for the services and expenses of surveyors, engineers, appraisers, attorneys, real estate brokers, auctioneers, and others; (2) allow and direct payment of or reject claims under such contracts; and (3) provide for the date of commencement of any lien provided by law or contract for such claims. (CCP § 873.110.) The best Long Beach Partition Lawyers will be aware of the limitations of a referee’s contracts with third persons.

In order to protect a third person’s right to payment for their services regardless of any later settlement or dismissal of the partition action, the court has wide discretion to authorize or approve a referee’s contracts for services and has to provide adequate lien protection for the third person. (see Cal. L. Rev. Comm. Comment to CCP § 873.110.)

With the court’s approval, a referee may contract with a surveyor with the necessary assistants to aid in the property sale or division. (CCP § 873.110.) A referee may also contract with an auctioneer, with the court’s approval, to hold a public auction and secure purchasers. (CCP § 873.140.)

A referee may also employ an attorney with the court’s approval. (CCP § 873.110.) The referee’s application for an attorney must be in writing, include the attorney’s name and the necessity for the employment. (CCP § 873.120(b).) Unless all the parties to the partition action give written consent, said attorney must not be an attorney for any party, or associated with or employed by an attorney for any party. (CCP § 873.120(c).) A compensation claim for the attorney must specify the services performed. (CCP § 873.120(d).) A top Long Beach Partition Attorney will be knowledgeable about these requirements.

In general, a referee is not personally liable for the contracts made or expenses incurred, except when he or she expressly assumes the liability in writing. (CCP § 872.160.) In some cases, the payment for services to the third person may be provided for in the contract where an auctioneer may take a commission, or a real estate broker may take the proceeds from the sale. (see Cal. L. Rev. Comm. Comment to CCP § 873.160.) In cases of property division, the third person may have lien rights. (see Cal. L. Rev. Comm. Comment to CCP § 873.160.)

When a contract for the services of an attorney, surveyor, auctioneer, or other third persons includes a provision for interest, the rate for the accrual of interest may not exceed the legal rate for amounts due under the contract that are not paid within three months that the payment becomes due. (CCP § 873.150.)

At Underwood Law Firm, our Long Beach Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.

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.