Turlock Partition Lawyers

The City of Turlock was founded on December 22, 1871 by John William Mitchell, a prominent grain farmer. Today, Turlock has a population of 70,000 and prides itself in being a bigger town with a small hometown feel. As a town still growing both residentially and commercially, disputes between co-owners can arise. Generally, the top Turlock Partition Attorneys 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

The best Turlock Partition Attorneys will be familiar with the partition by sale process. In a partition action where the court determines that the property is to be sold instead of divided, a referee who is appointed by and accountable to the court makes the sale in the manner and procedures provided in the governing statutes. (CCP § 873.510.) This sale is known as a judicial sale (see Potrero Nuevo Land Co. v. All Persons Claiming Interest in the Real Property Described (1916) 29 Cal.App. 743.) Even if a sale is not completely finalized and the purchaser is not yet entitled to the deed until confirmation, the Code of Civil Procedure considers the accepted bid as a sale and the winning bidder a purchaser. (see Dunn v. Dunn (1902) 137 Cal. 51.)

It is important to note that there are restrictions to who may purchase the property. The referee, attorney of a party, and the guardian or conservator of a party may not directly or indirectly purchase the property sold in the action. (CCP § 873.690(a).) Guardian or conservators of a party who act for the benefit of the ward or conservatee are not precluded from this rule however. (CCP § 873.690(a).) This section only applies to partition sales. Sales to interested persons that are made to enforce the lien of a referee, attorney, or guardian ad litem imposed under the partition statutes are allowed. (see Cal. L. Rev. Comm. Comment to CCP § 873.690.) A top Turlock Partition Attorney will be aware of these limitations and rules.

Consequently, sales that are made to ineligible purchasers are void. (CCP § 873.690(b.) However, sales that are made to a bona fide purchaser after a sale to an ineligible purchaser will not be disturbed. (CCP § 873.690(b).) A person who intends to purchase property from a partition sale should consult the best Turlock Partition Attorneys to ensure that they adequately understand the process.

If there are two pending partition actions where the parties in one are not completely the same as the parties in the other, and where one involves real estate and the other involves the personal property on that real estate, an order to sell the real estate and personal property together is void as the court in one action has no power to do so. (see Woodward v. Superior Court of City and County of San Francisco (1892) 95 Cal. 272.)

In cases where the heirs are contesting a deceased cotenant’s interest in probate court and the sale of property is required for an equitable division, the court where the partition action is pending shall make an order of sale so that the rights of the claimants can be determined by the probate court. (see Grant v. Murphy (1897) 116 Cal. 427.)

At Underwood Law Firm, our Turlock Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.

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.