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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).)

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.