Rocklin Partition Lawyers

Rocklin, a small town in Placer County, is a rapidly growing community whose history is closely tied to the transcontinental railroad in the 1860s. Due to its proximity to bigger cities like Roseville and Sacramento, Rocklin’s real estate market has significantly increased in recent years, leading many home buyers to venture into a single property jointly. A Rocklin Partition Lawyer knows, however, that shared property serves as an obstacle for joint owners who have decided to go their separate ways. In these situations, the legal remedy of partition can severe the joint title and allow each party the freedom to move on to the next stage in their lives.

When seeking the option of partition, speaking with a Rocklin Partition Lawyer is vital in at least four broad categories:

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

The remedy of partition is absolute. Any person with an interest in a shared property may commence the action against other joint owners to partition the property, even if their shared interest in the property is proportionately smaller than that of other co-owners. In such suits, under the California Code of Civil section 872.630(b), the court may appoint a referee to ascertain the facts necessary for determining the status and priority of all liens on the property subject to partition. These referees are appointed before an interlocutory judgment has been made. Further, under section 873.010, a knowledgeable Rocklin Partition Lawyer is aware that a referee may also be appointed after the interlocutory decree with a duty to divide or sell the property as ordered by the court. (See Richardson v. Loupe (1889) 80 Cal. 490, 501.)

Parties to the partition action are allowed to nominate persons to serve as referees if they agree on a person. Absent agreement, the choice of a referee is at the court’s discretion. This person will perform any acts necessary to exercise the authority conferred by the partition statutes or by order of the court. The court will also determine whether a referee’s bond is needed and fix the bond amount. The court has broad discretion to instruct the referee, fix the reasonable compensation for the referee’s services, and provide for payment of the referee’s reasonable expenses. (Code Civ. Pro. § 873.010(b)(2),(3).) However, a knowledgeable Rocklin Partition Lawyer knows that the court’s power to appoint a referee is not to be so strictly construed as to require a referee's expense and time-consuming services. The only function of a referee is to assist the court in determining those matters which cannot be so determined on the evidence before it. (See Richmond v. Dofflemyer (1980) 105 Cal.App.3d 745.) A referee is unnecessary if the court has adequate evidence to determine the matter on the evidence submitted.

At the Underwood Law Firm, our experienced Rocklin Partition Lawyers are well versed in partition action’s turns and twists. They can ensure that the process leads to the most significant benefit for a joint owner.