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.
"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.