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Mission Viejo Partition Lawyers

The city of Mission Viejo was originally deemed “undevelopable.” However, in the 1960s, a group of three men purchased the land and started a land development and home building firm to begin the planning of what is now the city of Mission Viejo. As one of the largest master-planned communities in the United States, Mission Viejo residents who own real estate may face disputes with co-owners. Generally, the best Mission Viejo Partition Lawyers 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

A top Mission Viejo Partition Attorney will be familiar with the court’s determination of the manner of partition for property. When property is to be divided, the judge must order the division equal to the parties’ interests according to the interlocutory judgment. (CCP § 872.810.)

The statutory provisions concerning partition continue to carry on the preference for partition by division in kind, however, in the right circumstances, the judge may order a partition by sale. (see Cal. L. Rev. Comm. Comment to CCP § 872.810.) The reason for this preference for a partition by kind is because such partition does not interfere with an existing form of inheritance and does not force a sale upon a person against his or her will. (see Richmond v. Dofflemyer (1980) 105 Cal.App.3d 745, 757.)

It is important to note that the standard for allowing the sale of property has changed from “great prejudice” to “more equitable,” leading to more determinations in favor of a sale. (see Richmond v. Dofflemyer (1980) 105 Cal.App.3d 745.) Also, it is no objection to a partition in kind that some co-owners tend to prefer a sale over a partition in kind. (see Williams v. Wells Fargo Bank (1943) 56 Cal.App.2d 645,647.) The best Mission Viejo Partition Attorneys will be more than familiar with this background.

In a partition by sale, the judge shall order the sale of the property followed by a division of the proceeds among the parties according to their respective interests in the property pursuant to the interlocutory judgment. (CCP § 872.820.) The judge will make such an order if (1) the parties agree to the sale or division in their pleadings or otherwise, or (2) if the judge determines that the sale of the property and division of the proceeds would be more equitable than a physical division of the property. (CCP § 872.820.) In making the determination, the judge may appoint a referee and take into consideration the referee’s report. (CCP § 872.820(b).) A top Mission Viejo Partition Lawyer will be familiar with this process.

In determining whether the sale of property would be more equitable than the physical division of the property, the judge may order a partition for partial sale where a part of the property is sold and the remainder is divided if the court determines that the sale and division of the proceeds for that portion of the property is more equitable than a division of the whole. (CCP § 872.830.)

At Underwood Law Firm, our Mission Viejo 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.