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Santa Rosa Partition Lawyers

Santa Rosa is the largest city in Sonoma County and the fifth most populous city in the Bay Area. As the central city in California’s famous Wine Country, Santa Rosa is known for having the best wineries and vineyards right in its backyard, with over 300 options to choose from. Santa Rosa was founded in 1833 and named after Saint Rosa of Lima. With the growth of the wine industry, many Santa Rosa citizens live in the condominium developments around town. When parties jointly purchase a condominium together, but cannot agree about its use, then a partition action may be a valid way to resolve joint ownership problems. A knowledgeable Santa Rosa Partition Attorney also knows that a court must occasionally order a partition by sale of a condominium.

A California partition action occurs when one co-owner of real property no longer wishes to hold joint ownership with another co-owner of real property for whatever reason. Each co-owner has, by law, the absolute right to divide the property and sell their portion with the remedy of partition. Santa Rosa Partition Attorneys usually find partition action to be the best remedy for disputing joint owners in four broad categories:

  • Parent-Child shared tenants in common in real estate; 
  • Brother-Sister shared tenants in common in real estate; 
  • Investor-Investor shared tenants in common in real estate; and 
  • Significant others shared tenants in common in real estate; 

In California, there is no bar to partition of a cotenancy in a condominium. (Civ. Code § 4610(a)). In a partition action of a condominium, the common areas remain undivided and not subject to judicial partition except as provided by law.

A court can order partition of a condominium project under Civil Code section 4610 but only by sale of the entire project. In such a case, the owner of a condominium in a condominium project may maintain an action for partition by sale of the entire project as if the owners of all of the condominiums in the project were tenants in common in the entire project in the same proportion as their interests in the common areas.

A partition by sale of a condominium project, however, shall only be ordered on a showing of one of the following [Civ. Code § 4610(b)]: (1) More than three years before the filing of the action, the project was damaged or destroyed so that a material part was rendered unfit for its prior use, and the project has not been rebuilt or repaired substantially to its state prior to the damage or destruction. (2) Three-fourths or more of the project is destroyed or substantially damaged and condominium owners holding in aggregate more than a 50-percent interest in the common areas oppose repair or restoration of the project. (3) The project has been in existence more than 50 years, is obsolete and uneconomic, and condominium owners holding in aggregate more than a 50-percent interest in the common areas oppose repair or restoration of the project. (4) The conditions for such a sale, set forth in the declaration, have been met.

In such cases, the court will request that the property be sold to the highest bidder and the profits divided among the parties equal to their interest in the property. A Santa Rosa Partition Lawyer will utilize this option when the partition by sale is more equitable for a co-owner than the division of the property.

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

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.