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.