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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.

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.
"I own a real estate investment company that operates across multiple states (California, Washington, Oregon, Montana, and more), whenever I run into an issue that needs legal attention, Eli is my first call. I've been working with him for years. He is an amazing attorney and I highly recommend him." Thank you for your help Sir!" T.W.
"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 took our case and controlled every hurdle put before us. I one time commented to him that he must love his job because it seemed that he was always available. When talking about my case to anyone I always bring up where, I believe, the other parties Lawyer tried to take advantage of my wife and me. Eli stopped him in his tracks. On top of it being easy to work with Eli, it was a pleasure to have had him represent us. We were in good hands." E.T
"We were in need of an attorney with considerable knowledge of real estate law and the legal issues related to property ownership. Eli Underwood went above and beyond our expectations. In keeping us abreast of our suit, his communication skills were outstanding. This talent was especially demonstrated when dealing with the apposing counsel. We feel this gave us a tremendous advantage over the opposing party that resulted in us reaching a successful outcome. I would highly recommend Eli Underwood as we found him to be an exceptional attorney." P.B.
"In our need for legal services we found Eli to be well informed and on top of our case and our needs. Our's was not an ordinary case as it was a case with many facets. It was a very convoluted case. There were multiple owners involved in a property dispute where one of the owners sued the rest of the owners with a Partition Suit. Needless to say Eli was instrumental in helping us resolve our differences and gained us a profitable sale all with good end results for all. If you hire Eli Underwood you will not be disappointed!" M.A.