Justia Lawyer Rating
Super Lawyers
Avvo Client's Choice
Avvo 10
Lawyers of Distinction
Million Dollar Advocates Forum
Expertise Badge

Orange Partition Lawyers

The City of Orange is located in Orange County, and was founded in 1869 by two lawyers Alfred Chapman and Andrew Glassell, who received 1,385 acres of land from Rancho Santiago de Santa Ana as payment for legal fees. The city of Orange is an ideal place for people who are looking to buy a house with an oceanfront. Because of its ideal location the houses in Orange are sold at a high price. An expensive house is hard to afford for some people, that’s why a co-ownership is common option to purchase property in the City of Orange. Generally, Orange Partition Attorneys find partition action to be the best remedy for disputing joint 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;

An experienced Orange Partition Lawyer will be more than familiar with a referee’s report in a partition by division action. Generally, the law requires the referee to file his report of the proceedings with the court, and give written notice of filing to each party who has appeared in the action. (CCP § 873.280.) The partition referee’s report must specify how he fulfilled his trust, a description of the property divided and each party’s share, owelty recommendations, and any issues as to opening and closing public and private streets. (CCP § 873.280.) Nevertheless, as the report from a partition referee is advisory to a court only, a judge can accept them or reject them. (see Machado v. Machado (1944) 66 Cal.App.2d 401; MacDonald v. Bernal (1917) 34 Cal.App. 431.) The referee’s report is not final until approved by the court. (Cathcart v. Redlands Security Co. (1945) 67 Cal.App.2d 591, 596.)

Once referee files his report, a knowledgeable Orange Partition Attorney will be able to advise on a party’s next steps. Any party to the partition action can ask the court to confirm, change, or vacate the referee’s report. (CCP § 873.290.) For example, if one of the owners disputes the justice of the division of the property as contained in the referee’s report, it should make the objection to the court. (East Shore Co. v. Richmond Belt Ry. (1916) 172 Cal. 174.) That said, a party can object only on its own behalf. (Seale v. Soto (1868) 35 Cal. 102.)

When a party objects, the court will hold a hearing, and determine what to do with it, including potentially appointing a new referee. (CCP § 873.290.) Again, the partition referee’s report is not conclusive, and a judge can make its own findings in reaching its determination. (Worcester v. Worcester (1966) 246 Cal.App.2d 56; Machado v. Machado (1917) 34 Cal.App. 431.) Indeed, a judge can even set a different value on the property. (MacDonald v. Bernal (1917) 34 Cal.App. 431.) In this regard, the judge has substantial discretion. (Dunn v. Dunn (1902) 137 Cal. 51.) Ultimately. the property’s division is not effective, and title vests, only on entry of judgment of partition. (CCP § 873.290; Richmond v. Dofflemeyer (1980) 105 Cal.App.3d 745, 766.) It is the judgment that gives effect to the referee’s report. (see Law Rev. Comm. Com to CCP § 873.290.)

At the Underwood Law Firm, our Orange Partition Attorneys are well versed in the legal remedy of partition, and the accounting portion, and are ready to assist you.

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.