Santa Clarita Partition Lawyers
The City of Santa Clarita is a town with a long history that dates back to 3000 BC. Now, Santa Clarita is the third largest city in Los Angeles County. As approximately 70% of the homes in Santa Clarita are owner-occupied, this suggests that many homes are jointly owned. Generally, the best Santa Clarita Partition Lawyers usually find partition action to be the best remedy for disputing co-owners in four broad categories:
- Split real estate dispute;
- Brother-Sister real estate dispute;
- Investor-Investor real estate dispute; and
- Significant other real estate dispute
A top Santa Clarita Partition Lawyer will generally pursue the sale of property and be familiar with appointment procedures and qualifications of a referee in partition action. The judge will appoint a referee to either sell or divide the property according to the court order. (CCP § 873.010(a).) If the property is to be both divided and sold, the court may then choose to appoint either a referee for the sale and a referee for the division, or a referee for both. (CCP § 873.020.) The best Santa Clarita Partition Attorney will be aware of such procedures for the appointment.
With the consent of all parties to the action, the judge may appoint three referees for the sale or division of the property according to the court order. (CCP § 873.030(a).) Once appointed, the three referees will have all the authority and may carry out all their required duties. (CCP § 873.030(a).) Once the judge appoints the referee(s), the court order does not appear to be an order that may be appealed. (see Fallon v. Brittan (1890) 84 Cal. 511, 514.)
The parties are allowed to nominate referees, but if there is a lack of agreement between the parties, then the court has the discretion to choose a referee. (see Cal. L. Rev. Comm. Comment to CCP § 873.040.) If all the parties agree to the nominated referee, then the court must appoint that nominated person as a referee, unless that person is ineligible for appointment. (CCP § 873.040(a).) If a party is a minor or a party whom has an appointed conservator of the estate, then the guardian or the conservator is allowed to consent to the appointment of the referee. (CCP § 873.040(b).) A top Santa Clarita Partition Attorney will be knowledgeable about these rules for nominations of the referee.
The following persons are ineligible to be appointed as referees: (1) a clerk or deputy of the court; (2) a former or present partner or employee of the judge; (3) a relative within the third degree of the judge or judge’s spouse or spouse of such a relative; and (4) any owner of any interest in the property that is the subject of the action. (CCP § 873.050.)
It is important to note that the statutory provision regarding the appointment of the three referees with all the parties’ consent replaces a former provision that provided for the appointment of the three referees as a matter of course. (see Cal. L. Rev. Comm. Comment to CCP § 873.030.)
At Underwood Law Firm, our Santa Clarita Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.