Pleasanton Partition Lawyers
The city of Pleasanton was established in the 1850s and named Pleasanton by John W. Kottinger. The city was named after his friend, Union army calvary Major General Alfred Pleasonton. Generally, the top Pleasanton Partition Attorneys find partition actions to be the best remedy for disputes between co-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;
Generally, a top Pleasanton Partition Lawyer is aware of the notice of sale requirements of certain kinds of property. A notice of sale of real or personal property must be given upon execution, in the manner required for notice of sale of a similar property. (CCP § 873.640(a).) Any party who appeared in the action and interested persons who requested the referee for special notice must be given notice. (CCP § 873.640(a).) The requirement that notice be given to debtors in execution provisions is substituted by the requirement that notice be given to appearing parties and interested persons who request it. (see Cal. L. Rev. Comm. Comment to CCP § 873.640.)
The notice of sale must include: (1) a property description; (2) the time and place of sale; and (3) either a statement of the principal terms of sale, or an incorporation by reference of an order of the court, or a written statement containing such information that may be inspected at the place of business of the referee or the referee’s attorney. (CCP § 873.650(a).) A top Pleasanton Partition Lawyer will be familiar with these requirements.
Notice of sale for real or personal property to be sold as a unit may be the same required for notice of sale of real property alone. (CCP § 873.640(b).) The judge may order further notice as it deems proper. (CCP § 873.640(c).) It is important to note that inadequate notice of sale to parties or interested persons who requested notice can be grounds for setting aside the sale. (CCP § 873.730.) In private sales, the notice must state the location of where bids or offers will be received, which is normally the referee’s place of business. (see Cal. L. Rev. Comm. Comment to CCP § 873.650.) It must also state a day on or after which the sale will be made. (CCP § 873.650(b).) The best Pleasanton Partition Lawyer will ensure the adequacy of the notice.
The judge must order that distinct lots or parcels of real property be sold separately if doing so would not materially prejudice the interests and rights of the parties. (CCP § 873.620.). A judge could also order the property or any portion of the property to be sold as a unit, which would be subject to one bid. (see Cal. L. Rev. Comm. Comment to CCP § 873.620.) If there is no evidence that the property is made up of distinct parcels or lots, or if there is evidence that the parcel is so linked that it cannot be separated without great burden, it is not a mistake to sell the property as whole instead of separate. (see Sting v. Beckham (1951) 105 Cal.App.2d 503.)
The judge may order the sale of securities that are listed on an established stock or bond exchange and perishable personal property that will lower in value if not timely disposed of, or that will incur loss or expense by possession. (CCP § 873.660.) This applies despite other provisions governing sales in partition actions. (see Cal. L. Rev. Comm. Comment to § 873.620.)
At Underwood Law Firm, our Pleasanton Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues. (CCP § 873.30(b).)