Redwood Partition Lawyers

Redwood City sits in the northern region of the San Francisco Peninsula and is quickly becoming known as the entertainment hub of the area. With such popularity, the influx of people is no surprise. Many Redwood residents purchase their homes jointly. However, when disagreements arise between co-owners who choose to take separate paths, the joint ownership of a shared property becomes a tether that needs breaking. Luckily, a Redwood Partition Lawyer can help severe the unity of possession with the legal remedy of partition.

Redwood Partition Lawyers often find four broad categories where a partition is the best remedy:

• Co-owned property one person wants to sell;
• Partnership-owned property one partner wants to sell;
• Boyfriend-Girlfriend owned property one person wants to sell; and
• 50/50 owned property one partner wants to sell;

The California Code of Civil Procedure allows the court to order a jointly owned property to be sold and the proceeds divided among the parties per their interests in the property in two circumstances: where there is an agreement by both parties to sell, and where the court determines that a sale of the property is the most equitable remedy under the circumstances. (Code Civ. Proc. § 872.820.) Under the latter, A Redwood Partition Lawyer knows that the court has the authority to prescribe such terms and conditions of sale as it deems proper for the particular property or sale. These include, but are not limited to: (1) form, manner, and contents of the 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 several lots. (Code Civ. Proc. § 873.610.)

The property must be sold at a public auction or private sale. For a private sale, the bids or offers must be in writing and left at a place designated in the notice at any time after the first publication. A sale at a public auction to the highest bidder must be held in the county where the partition action is pending or any other place specified by the court. Unless otherwise ordered by the court, personal property must be present at the sale. A knowledgeable Redwood Partition Attorney will recommend and insist the court sell the property in the manner that will yield the highest profits to a co-owner, given their interests in the property. The Code of Civil Procedure bars the referee, a party’s attorney, and any party guardian, unless for the ward’s benefit, from purchasing the property being sold. (Code Civ. Proc. § 873.690(a).) This procedure protects co-owners from inequitable results, and a Redwood Partition Lawyer should be familiar with the process.

The Redwood Partition Lawyers at the Underwood Law Firm are experts in partition actions. Let us ensure that your rights as a co-owner are protected and that you receive the most significant value for your shared interest.