Milpitas Partition Lawyers
The city of Milpitas was originally known as Rancho Milpitas when it was granted to Jose Maria Alviso in 1835. Approximately 67% of Milpitas homes are owner-occupied, which suggests that many of the homes are jointly owned. The best Milpitas Partition Lawyers find partition actions to be the best remedy for fighting co-owners in four broad categories:
- Parent-Child shared tenants in common in real estate;
- Brother-Sister shared tenants in common in real estate;
- Investor-Investor shared tenants in common in real estate; and
- Significant others shared tenants in common in real estate;
A top Milpitas Partition Attorney will generally be aware of the steps to confirm a partition by sale. A sale is only final once it is confirmed. (see Hastings v. Cunningham (1868) 35 Cal. 549.) The buyer, referee, or any party may move the court to confirm or set aside the sale of property. This party must then give at least a 10-day notice of the motion to the buyer and to all parties in the action. (CCP § 873.20.) A knowledgeable Milpitas Partition Attorney will be familiar with this confirmation process of a partition sale.
A referee must report the sale of property in a partition action to the court. (CCP § 873.710(a).) The report must include (1) a description of the property, (2) name of the buyer, (3) sale price, (4) terms and conditions of the sale and security, if any, (5) amounts payable to lienholders, (6) a statement regarding the terms of the agents’ commissions, (7) any determination and recommendation relating to the opening and closing of public and private ways, roads, streets, and easements, and (7) other material facts relevant to the sale and confirmation proceeding. (CCP § 873.710(b).) Other information that may be appropriate must also be included. (CCP § 873.710(b).) A top Milpitas Partition Attorney will be knowledgeable of these requirements.
During the proceeding, the judge examines the referee’s report and witnesses before determining whether to confirm or vacate the sale. (CCP § 873.30.) The judge may confirm the sale despite differences from the terms of the sale if both parties will benefit and the interested parties will not be substantially prejudiced. (CCP § 873.30(b).) Before confirming a credit sale, the court will determine whether the credit bidder is responsible. (CCP § 873.30.)
After the confirmation of a sale, the judge orders the referee to complete the transaction by performing a number of acts including: executing a conveyance or other instrument of transfer, collecting the proceeds, taking security. (CCP § 873.750.) The judge may also order the referee on matters relating to the distribution, deposit, or securing of the sale deposits and proceeds. (CCP § 873.750.)
When the terms of the sale are fulfilled, the referee must execute and record the conveyance or transfer of real property in each county that the property occupies. (CCP § 873.90)
At Underwood Law Firm, our Milpitas Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues. (CCP § 873.30(b).)