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Santa Ana Partition Lawyers

Santa Ana is the county seat of Orange County, was founded in 1869 and is now the fourth densest city in the country. As a residential community, Santa Ana residents often own property jointly with another. When such relationships become unfavorable, a partition action may be the legal remedy needed to end all disputes. A Santa Ana Partition Lawyer often find partition actions to be best suited for disputing joint owners in the following categories:

  • Split home dispute;
  • Brother-Sister home dispute;
  • Investor-Investor house dispute; and
  • Girlfriend-Boyfriend home dispute

As a cotenant of property, speaking with a Santa Ana Partition Lawyer can provide insight on one’s rights. If all of the parties’ interests are undisputed or have been determined by a court, the parties may agree on a partition by appraisal. (CCP §§ 873.910-873.980.) The purpose of a partition by appraisal is to provide an alternative to joint owners to a partition by private sale. Sometimes, parties agree on a partition by appraisal because it does not include some of the tax consequences as a sale by partition of the property. (see Cal. L. Rev. Comm. Comment to CCP § 873.910.)

Notably, under Code of Civil Procedure sections 873.910-873.980, the Court’s authority is much broader than in an arbitration under Code of Civil Procedure sections 1280-1294.2.

An agreement for partition by appraisal must be in writing and filed with the clerk of the court. (CCP § 873.920.) The agreement must include: (1) the property’s description; (2) the parties’ names and respective interests; (3) the names of the persons willing to acquire the interests in the property; (4) the name of the referee to be used; (5) the date of value for the purpose of the appraisal; and (6) any other mutually-acceptable terms. Any party to the agreement for partition by appraisal may apply to the court for approval. (CCP § 873.920.) If the application is acceptable, the court will stay any proceeding for the division and sale of the property. (CCP § 873.920.) A knowledgeable Santa Ana Partition Lawyer should be able to guide the parties through the process.

If the parties seek a partition by appraisal, and nominate a referee, then the court must appoint the agreed-upon referee, or referees, to appraise the property and the interests involved. (CCP § 873.940.) The appointed referee will then prepare a report on the property’s value, and file it with the court’s clerk. (CCP § 873.940.) If any party has an issue, or objection, with the referee’s report, then they may ask the court to confirm, modify, or set aside the report on 10 days’ notice. (CCP § 873.950.) An experienced Santa Ana Partition Lawyer will be familiar with the process for partition by appraisal and objections.

If the parties agree to a partition by appraisal, but one party objects, then the court will hold a hearing on the report and may question witnesses. The court will approve the report if (1) it decides that the proceedings were conducted regularly, (2) transfer of title can be made, (3) the transfer is equitable based on the facts. (CCP § 873.960.) Significantly, a court is empowered with equitable authority to refuse to permit consummation of the transaction where it would be unfair. (see Law Rev. Comm. Comment to CCP § 873.960.)

At the Underwood Law Firm, our Santa Ana Partition Attorneys are well versed in the legal remedy of partition and are ready to assist you in every capacity.

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.