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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.
"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.