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.