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Ontario Partition Lawyers

Ontario is the county seat of San Bernardino County, was named for the province of Ontario in Canada and was settled in 1882 by George and William Chaffey. As a city with agricultural roots, residents often find themselves in shared ownership of parcels of real estate. When deciding to go separate ways, owners may dispute their interests in a shared property, arguing that one contributed to its development more than the other and vice versa. In these times, the guidance of an Ontario Partition Lawyer is invaluable.

An experienced Ontario Partition Attorney often finds disputing joint owners in the following categories:

  • Split land one party wants to sell;
  • Brother-Sister land one wants to sell; 
  • Investor-Investor land one wants to sell; and 
  • Girlfriend-Boyfriend land one wants to sell;

A knowledgeable Ontario Partition Lawyer will be able to comfortably discuss the procedures for the sale of property. Code of Civil Procedure section 873.510 provides that a referee who the court appoints to sell the property must do so as required by the court. Nevertheless, a court is required to order a sale as all the parties agree upon. (CCP § 873.600.) The law is structured to permit parties to a partition action to state the terms of sale prior to entering into a referee’s contract. That said, the law does not permit a party to totally restrict a sale by injecting new terms when a sale is pending. (Sullivan v. Dorsa (2005) 128 Cal.App.4th 947.) In that instance, all parties’ consent would be required.

That said, persons who are not named in the lawsuit, and not serve, and have not appeared are not required to consent since they will not be affected by the judgment in the action. (see Law Rev. Comm. Com to CCP § 873.600.) Code of Civil Procedure section 873.610 provides that a court may specify the manner, terms, and conditions of sale as it finds to be appropriate in its discretion. (CCP § 873.610.) Indeed, the court can solicit recommendations from a referee, but cannot approve the referee’s report until there is a court hearing on the topic. (CCP § 873.610.)

Specifically, these include the following: (1) form, manner, and contents of notice of sale; (2) minimum bid and right to reject all bids; (3) terms of credit; (4) prior estate, charge, or lien to which the property will be subject; (5) escrow and title insurance expenses; (6) agents' commissions; (7) procedure as to increased offers at court confirmation; and (8) sale of items of personal property individually, in a single lot, or in several lots. (see Law Rev. Comm. Com to CCP § 873.610.)

In these instances, a court has a number of options that it may pursue. A judge can order a credit a sale of the property. (CCP § 872.630(a)). The court can also specify any credit terms that it views to be proper. (CCP § 873.630.) If the court fails to specify the terms of credit, however, the referee may accept offers that propose varying terms. (Law Rev. Comm. Comment to CCP. § 873.630.) Additionally, the court may specify the terms of security for the property’s sale, including the manner in which title to the security is to be taken. (CCP § 873.630(c).) If there are minors or unknown owners, the court may direct that a trustee or other fiduciary hold the security for them and act on their behalf [Cal. L. Rev. Comm. Comment to Code Civ. Proc. § 873.630].

At the Underwood Law Firm, our experienced Ontario Partition Lawyers are well versed in the requirements of the action. They can ensure that the process leads to the greatest benefit for the property owner.

Client Reviews
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“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.
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"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.
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"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.