Richmond Partition Lawyers
The City of Richmond is located northeastern of San Francisco, directly across San Francisco Bay, and home prices in and around the city of Richmond, CA have risen steadily over the past couple of years. Since buying a house is harder and harder, some people choose to co-own a house with others. The most common co-ownership is boyfriend/girlfriend, parent/child, sibling /sibling. Buying a really property with someone is easier then partitioning a property. When co-owners can’t come to an agreement and one owner would like to sell the real property but the other doesn’t want to sell the property then a partition action might be required.
Generally, Richmond Partition Attorneys usually 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;
A Richmond Partition Attorney will describe partition action as a court-ordered judgment forcing co-owners to equitably divide or sell a jointly owned property. In a partition action a referee is the third party that is not a beneficiary nor has a beneficiary interest. Under Cal. Code of Civ. Proc. §873.010 once the court has determined that real property is to be partitioned, the court is authorized to appoint a Partition Referee for the purpose of handling the actual partition of the property.
Since the Referee is the person selling the property, the sale of the property must sell in the manner and following the procedures provided in Code Civ. Proc.Code Civ. Proc. § 873.510. When the Partition Referee will begin the process of selling the property he must report the sale to the court, Code Civ. Proc. § 873.710(a).
Under Code Civ. Proc. § 873.710(b) the Partition Referee will have to provide a description of the property sold to each purchaser. A Partition Referee must disclose the name of the purchaser, the sale price, the terms and conditions of the sale. A Richmond Partition Attorney will ensure that everyone who has an important duty in the partition action will complete their task according to the appropriate law.
At the Underwood Law Firm, our Richmond Partition Attorneys are well versed in the legal remedy of partition, and the accounting portion, and are ready to assist you.