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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
“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.