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.