Moreno Valley Partition Lawyers
Moreno Valley is the second largest city in Riverside County, and was named Moreno, Spanish for brown. As a relatively new community, not incorporated until 1984, many citizens have flooded the area and ventured into joint ownership of property. Shared real estate ownership, however, sometimes leads to problems and headaches arising from disagreements between co-owners. In these times, speaking with a Moreno Valley Partition Lawyer is critical.
An experienced Moreno Valley Partition Attorney find partition actions to be the best remedy for fighting co-owners in four broad categories:
- Split building dispute;
- Brother-Sister building dispute;
- Investor-Investor building dispute; and
- Girlfriend-Boyfriend building dispute
In a partition sale, a knowledgeable Moreno Valley Partition Lawyer will be familiar with the procedure to sell the property. Code of Civil Procedure section 873.640 requires that the sale of property in a partition action has to occur in the same manner as property upon execution. The Court must provide notice to every party who has appeared in the action, and any other person who has requested special notice. (CCP § 873.640.) Generally, the failure to provide notice of the sale may be a ground to set aside the sale. (See Law Rev. Comm. Com to CCP § 873.640.) Additionally, the court can order more notice as it deems proper. (CCP § 873.640.)
An experienced Moreno Valley Partition Attorney will also know about the types of notice in a partition sale. For example, in certain types of partition sales, a judge can order a party to publish a classified advertisement. (see Law Rev. Comm. Com to CCP § 873.640.) Generally, a judge must specify the contents of the notice, including the property’s legal description, the time and place of the sale, and a statement of the principal terms of sale. Alternatively, the notice can refer to a court order or a written statement available at the referee’s location. (CCP § 873.650.) A notice of private sale must state a place where bids or offers will be received, and a day when the sale may be made. (CCP § 873.650.)
From the bigger perspective, the focus is on due process of law and protecting private property rights. Generally, courts jealously guard the interests of property owners and want to make sure that their rights are protected to the greatest extent possible. As such, when the statutory framework is viewed as an entirety, the statute that applies to partition sales is to ensure that members of the public receive notice and have an opportunity to bid on property during a partition sale, whether a sale at public auction or a private sale. (see Cummings v. Dessel (2017) 13 Cal.App.5th 589.)
For example, when a court adopts a hybrid procedure that combines partition by appraisal and partition by sale is not submitted by law. (see Cummings v. Dessel (2017) 13 Cal.App.5th 589.) Because the co-owners did not make the required agreement to have the property partitioned by appraisal, the procedure adopted by the court did not include the required direction for public posting or publication of the notice regarding sale, and was legally inadequate. (Id.) A knowledgeable Moreno Valley Partition Attorney will be familiar with these procedures.
Our Moreno Valley Partition Lawyers have dealt with hundreds of partition cases at the Underwood Law Firm. Our knowledgeable attorneys are ready to assist you in a complex situation.