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Vacaville Partition Lawyers

The town of Vacaville was originally founded on December 13th 1851, when Manuel Vaca sold a 1 square mile chunk of land to William McDaniel to create the township know as Vacaville. As approximately 35% of the homes in Vacaville are rented, this suggests that many of the homes are jointly owned. Vacaville Partition Lawyers find partition actions to be the best remedy for fighting co-owners in four broad categories:

  • Split building dispute;
  • Brother-Sister building dispute;
  • Investor-Investor building dispute; and
  • Girlfriend-Boyfriend building dispute

A Vacaville Partition Attorney will generally pursue the sale of the property, and be familiar with the disposition of proceeds from the sale involving life estates. A life estate is a situation where one person has the right to possess it during their life, but has no rights after their death. On the sale of the property, the court will determine the amount of money to satisfy a life estate, and will order that amount sent to them. (CCP § 873.840 (a).) At that same time, a judge will determine the amount of any future claims to the property, and assign the correct amount of the money from the sale of the property to protect their rights. (CCP § 873.840(b).)

Alternatively, when a court sells only part of the real estate in a partition sale, then a person with a life estate or otherwise can have their amount “set-off” for any part of the property not sold. (CCP § 873.830.) Despite any of law, however, when there is a life estate or remainderman, then a judge can order that all of the money from the sale be placed in trust when it is demonstrated that the trust is in everyone’s best interest. (CCP § 873.840(c).) In that instance, a judge should appoint a trustee to make sure that the funds from the sale are properly cared for and invested, and then paid to the people with hold-over estates when the life tenant passes. (CCP § 873.840(c).)

A trustee may invest in property, and a judge can compose a formula to invest the money and provide it to the parties who have a right to it. (see Law. Rev. Comm. Com for CCP § 873.840.) Generally, a court keeps jurisdiction over the proceeds from the sale of the property to administer the money in the trust. (CCP § 873.840(c).) When a property is sold subject to an express trust, the trustee should hold the money from the sale, and the court is not supposed to take any further action. (CCP § 873.840.)

Additionally, where common owners decide that any survivor will own the property upon the other’s death, then if someone else brings a partition action after one of them dies, then the court makes a mistake by permitting that partition action without adequately valuing the life estate. (see Riley v. Turpin (1956) 47 Cal.2d 152.) As such, a Vacaville Partition Lawyer will ensure that all appropriate adjustments are made.

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

Client Reviews
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“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.
★★★★★
"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 helped us set up our partnership and was straight forward and honest about the process and what was needed (so rare these days!). He gave us the expectation strait out and held to them (unlike the last corporate firm). Unfortunately when your new it takes a few to find the good ones. This is your guy!" O.A.
★★★★★
"Eli has been a great help to me. He is thoughtful and tries hard to achieve the best outcome, and is especially interested in avoiding litigation, and helping his client find the best way forward, even if it avoids conflict and makes his job smaller and simpler. I feel very comfortable with what was worked out, and sleep well over it. I give the highest recommendation to Eli!" D.W.
★★★★★
"Marcus and his team are true professionals and their attention to detail is impeccable. He definitely knows the right questions to ask and how to find the facts he needs to win your case. Having someone on your team who’s working hard behind the scenes can give you peace of mind during challenging times and that my friend is invaluable. He has a pretty unique approach that makes him special in what he does and that uniqueness make a huge difference. I highly recommend them!" C.F.