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.