Stockton Partition Lawyers
Stockton, the county seat of San Joaquin County, is located in the Central Valley and was founded by Carlos Maria Weber in 1849. The city is surrounded by thousands of miles of rivers and waterways which make up the California Delta.
As one of the largest cities in California, Stockton residents frequently confront problems with jointly owned property. Stockton Partition Lawyers often find that joint ownership problems fall into four broad categories:
- Father/Mother-Son/Daughter 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
- Non-Married Partners shared tenants in common in real estate;
Under California law, someone who is a joint tenant or tenant in common of property has an absolute right to partition property absent a valid waiver. An experienced Stockton Partition Attorney can ensure that these rights are respected, and are able to vindicate these rights in a partition action.
After a partition action is initiated, then California Code of Civil Procedure section 873.510 requires a court must determine whether the partition should be by sale or by kind. If the court determines that the partition should occur by sale, then a knowledgeable Stockton Partition Attorneys will ensure that it proceeds as smoothly as possible.
Home to the largest inland seaport in California, Stockton’s port provided easy access to trade and transportation to southern gold mines during the California Gold Rush in the 1850s, assuring the city’s rapid growth. Interestingly, the port was used, too, as a crucial supply depot for U.S. Pacific military operations in 1933 due to its river’s deep-water channel.
As the 11th largest city in California and the 58th largest city in the United States, Stockton was ranked as the “Most Racially Diverse City in America” by US News in 2020 and has been named an “All-American City” five times; most recently in 2018. It is home to the newly named Fox California Theater, which was added to the National Register of Historic Places in 1979 as Bop Hope Theatre. Stockton is also home to the oldest university in the state, the University of the Pacific, which became California’s first chartered institution of higher education in 1851.
Before becoming incorporated in 1850, Stockton had several names, including “Tuleburg,” “Gas City,” and “Mudville.” The name was later changed by Captain Charles M. Weber, who chose to honor Commodore Robert F. Stockton by naming the city after him, creating the first community in California to have a name not of Spanish or Native American descent.
In such a situation, the Code of Civil Procedure provides the method for the partition sale, and contains numerous statutory requirements to ensure that the sale is valid. For example, Code of Civil Procedure section 873.690 provides a list of persons who may not bid on a sale in a partition matter. An experienced Stockton Partition Lawyer should be familiar with all of these requirements, such that the process will lead completely to the greatest benefit of the owner of the property.