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Manteca Partition Lawyers

The City of Manteca was founded in 1861 by Joshua Cowell, who later became the first Mayor of the town. Manteca prides itself on being known as the “Family City.” As one of the fastest growing communities in the San Joaquin County, residents of Manteca who own property may face disputes with co-owners. Generally, the best Manteca 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

Manteca Partition Attorneys will be aware of the role of the referee’s report in an action for partition by division. The referee must file a report of their proceedings with the court and give written notice of filing to each appearing party in the action. (CCP § 873.280(a).) The report must contain: (1) a specification of the manner in which the referee has executed the referee’s trust; (2) a description of the property divided and of the share allotted to each party, along with any recommendation as to owelty; and (3) any recommendation as to opening and closing public and private ways, roads, streets, and easements. (CCP § 873.280(b).) The property must be described in such a way that will enable the precise location of each part, such as in metes and bounds, or lots and blocks. (see Cal. L. Rev. Comm. Comment to CCP § 873.280.) A top Manteca Partition Attorney will be familiar with these requirements.

It is important to note that the referee’s report is not binding as the court has the authority to make its own findings and confirm, modify, or set aside the report. (see Machado v. Machado (1944) 66 Cal.App.2d 401.) A court is not bound to adopt the referee’s basis in his or her calculation as to the value of the property as the court may make its own findings in its final decree. (see MacDonald v. Bernal (1917) 34 Cal.App 431.) The court has complete authority to confirm, change, modify, or set aside the referee’s report and can settle any dispute as to the value of the allotments, or as to the equitable division of the property in any other respect. (see Richardson v. Loupe (1889) 80 Cal. 490.)

Upon notice to all of the appearing parties, any party may request the judge to confirm, modify, or set aside the referee report. (CCP § 873.290(a).) At the hearing for this motion, the judge may: (1) confirm the report as filed and enter judgment of the partition accordingly; (2) confirm the report as modified by the court and enter judgment of partition accordingly; or (3) set aside the report, order preparation of a new report and, if necessary, appoint a new referee for this purpose. (CCP § 873.290(b).) If the court appoints a new referee, this appointment is not an appealable order. (see Fallon v. Brittan (1890) 84 Cal. 511).

A referee report is only final upon the court’s approval and adoption in its judgment. (see Cathcart v. Redlands Security Co. (1945) 67 Cal.App.2d 591.) Upon the entry of judgment of partition, the property division is effective and the title vests in accordance to that division. (CCP § 873.290.) Persons interested in purchasing property from a partition sale should consult the best Manteca Partition Attorneys to ensure that the adequately understand the process.

At Underwood Law Firm, our Manteca 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.