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Redding Partition Lawyers

Redding, the cultural capital of the Shasta Cascade region in Northern California, is renowned for being the “Trail Capital” of the state, having more than 100 miles of trails. Given its size and outdoor appeal, Redding is a family community where residents jointly own their homes. Unfortunately, a Redding Partition Lawyer knows that co-owners of houses are not immune to disagreements. When those disagreements become irreconcilable, and separation is the only viable option between co-owners, partitioning the jointly owned home is often the best remedy.

Redding Partition Attorneys usually find partition actions to be the best remedy for joint owners in disputes 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;

Although partition in kind, or physical partition, is the legally preferred manner of partition in a judicial action, Redding Partition Attorneys know that in modern times, partition by sale is the preferred method of partition by joint owners of property since the value of divided parcels usually does not equal the value of the whole parcel before the partition. The court will only order that the property be sold and the proceeds divided among the parties in accordance with their interests in the property in two circumstances: (1) the parties agree to such relief by their pleadings, or (2) the court determines that under the circumstances, sale and division of the proceeds would be more equitable than the division of the property. (Code Civ. Proc § 872.820.) In determining such, the court will consider the character and location of the property as evidence if the court can infer that partition in kind is not appropriate from it. Sometimes, the division may be highly impractical or impossible due to zoning restrictions.

When parties do not agree on a partition by sale, a Redding Partition Lawyer is invaluable to the party wanting to force the sale. The burden to prove that the given circumstances are not proper for a partition in kind is placed on the party who wants to force a sale. Two types of evidence are sufficient to justify a partition by sale of the property. The first is evidence that property division into sub-parcels of equal value cannot be made. To satisfy this test, the party desiring the partition by sale must show that the land cannot be divided equally. The second type of evidence is economic evidence that shows the division of the land would substantially diminish the value of each party's interest, such as where it appears that the aggregate value of the separate parcels after a division in kind would be less than the value of the property as a whole before division. (See Butte Creek Island Ranch v. Crim (1982) 136 cal.App.3d 360, 365-367.)

At the Underwood Law Firm, our Redding Partition Attorneys are well-versed in the legal remedy of partition and its necessary steps. They are ready to help you with any of your partition needs.

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.
"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 helped us set up our partnership and was straight forward and honest about the process and what was needed (so rare these days!). He gave us the expectation strait out and held to them (unlike the last corporate firm). Unfortunately when your new it takes a few to find the good ones. This is your guy!" O.A.
"Eli has been a great help to me. He is thoughtful and tries hard to achieve the best outcome, and is especially interested in avoiding litigation, and helping his client find the best way forward, even if it avoids conflict and makes his job smaller and simpler. I feel very comfortable with what was worked out, and sleep well over it. I give the highest recommendation to Eli!" D.W.
"Marcus and his team are true professionals and their attention to detail is impeccable. He definitely knows the right questions to ask and how to find the facts he needs to win your case. Having someone on your team who’s working hard behind the scenes can give you peace of mind during challenging times and that my friend is invaluable. He has a pretty unique approach that makes him special in what he does and that uniqueness make a huge difference. I highly recommend them!" C.F.