California Partition Law Blog

Underwood Law Recognized as Partition Pros (Daily Journal)
Underwood Law Firm, P.C.

Partition Pros Underwood Law Firm helps clients move past the difficulties of co-owned property. via Daily Journal By the late spring of 2021, Elijah M. Underwood had decided he was ready to launch his own firm and was determined to focus on just one area of practice: partition law. “We’ve really planted our flag in this…

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Jogani v. Jogani: A Massive Decision on Joint Ownership
Underwood Law Firm, P.C.

Recently, a jury in the Los Angeles Superior Court awarded what may become one of the largest judgments in a real estate case that has ever been issued. Significantly, in addition to a damage award in the billions, the Court also found that the family members were also co-owners in 17,000 apartments across California. As…

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A Guide to Restraints on Alienation (Civ. Code Section 711)
Underwood Law Firm, P.C.

Real estate law has many nuances and subtleties. One of the lesser known aspects to real estate law is something known as a “restraint on alienation.” At its most basic, a restraint on alienation limits the sale or transfer of interests in real property. Civil Code Section 711 states that “[c]onditions restraining alienation, when repugnant…

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Testimony on Property Value in Partition Cases (Evid. Code Section 813)
Underwood Law Firm, P.C.

The estimated value of a piece of property can be important for resolving several types of legal disputes. It is crucial when a property owner needs to establish damages when the government interferes with the owner’s property and diminishes its value. Spouses may wish to testify regarding the value of their marital property when it…

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How to file a partition action in California
Underwood Law Firm, P.C.

When co-owners of real estate cannot agree on how to divide or use their property, filing a partition lawsuit becomes a necessary course of action. In California, where real estate is often a significant investment, understanding the process of partitioning property is essential. In this article, we’ll walk you through the steps involved in filing…

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A Guide to Rights of First Refusal
Underwood Law Firm, P.C.

A right of first refusal – sometimes called a “preemptive right” – is a right provided by contract that gives a party priority to purchase a property if the owner decides to sell. This right may be included in an ownership agreement between two co-owners who are cotenants. The person who holds the right is…

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Trust Asset Distributions (Probate Code § 16246)
Underwood Law Firm, P.C.

A trust is a legal device often used in estate planning. A trust may be established in the trustor’s lifetime, or it may be established in the trustor’s will where it takes effect once the trustor dies and the will is admitted in probate. Generally, assets in a trust are distributed according to the trustor’s…

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A Primer on Tax Auctions (Code of Civil Procedure section 701.660)
Underwood Law Firm, P.C.

One of the more interesting ways to buy real estate is through tax auctions. When a party buys a property through a tax auction or foreclosure, they receive a special type of deed known as a “Sheriff’s Deed.” A sheriff’s deed is a legal instrument that is transferred when a property is sold as a…

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Newsweek Recognizes Eli Underwood as Partition Expert
Underwood Law Firm, P.C.

More unmarried couples are purchasing houses together than ever, but there can be some dangerous legal implications if they decide to go their separate ways, an expert told Newsweek. As companies institute return-to-office policies, many couples find themselves needing to live in different locations, complicating the home purchase and mortgage they signed on for. Read…

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Undivided v. Divided Interests in Real Estate
Underwood Law Firm, P.C.

Owning property can be complicated. The purpose of this blog post is to talk about different ways to hold title, and provides information on the meaning of some common terms so the average person can better understand their rights and responsibilities with respect to their property. Different types of property ownership come with different rights.…

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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...

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."...

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...

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...

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...

M.A.