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.