Generated by Rank Math SEO, this is an llms.txt file designed to help LLMs better understand and index this website. # Underwood Law Firm, P.C. ## Sitemaps - [XML Sitemap](https://underwood.law/sitemap_index.xml): Includes all crawlable and indexable pages. ## Posts - [What Are Escrow Instructions? (Fin. Code § 17003)](https://underwood.law/blog/what-are-escrow-instructions/): What are escrow instructions? They are the written directions that tell a neutral escrow holder exactly what must happen before a California real estate sale can close. - [What Is Accord and Satisfaction? (Civ. Code §§ 1521–1526)](https://underwood.law/blog/accord-and-satisfaction-california/): Accord and satisfaction is a California contract law doctrine that lets two parties resolve a disputed debt or obligation by agreeing to a substitute performance (something different from or less than what was originally owed) that fully settles the claim once accepted. - [California's Median Home Price Hit $930,260 in May 2026. For Co-Owners Stuck in a Dispute, That Number Is Equity They Can't Touch Until the Property Sells.](https://underwood.law/blog/california-home-prices-co-ownership-disputes/): California's statewide median home price reached $930,260 in May 2026, according to C.A.R.'s report, a new all-time high for the second consecutive month, and an increase of 3.1 percent from a year earlier. For most homeowners, that number is good news. For co-owners who can't agree on what to do with a shared property, it's a different kind of number: proof of equity that exists on paper but isn't accessible until the ownership dispute resolves. - [Estate planning is becoming a key part of protecting family real estate](https://underwood.law/blog/estate-planning-is-becoming-a-key-part-of-protecting-family-real-estate/): Without clear documentation—without wills, without trusts, without written agreement on ownership—properties get locked down. Owners can't refinance. They can't access improvement loans or disaster relief. One generation's oversight becomes exponential claims across children, grandchildren, and cousins. Unanimous consent becomes impossible. Litigation becomes inevitable. Estate planning isn't optional. It's the difference between protecting what you've built and watching it fracture in court. - [Fastest-Growing SoCal Zip Codes Mean More Co-Ownership Disputes - Here's Your Legal Path Forward](https://underwood.law/blog/socal-co-ownership-disputes/): Three of the ten fastest-growing zip codes in the United States are in Southern California, according to a RentCafe analysis covering 2014 to 2023. That kind of growth doesn't just mean more homes and more neighbors. It means more people buying property together, often quickly, and often without a clear plan for what happens if they later disagree. - [Owning a Home Now Costs $3,200 a Month on Average. For Co-Owners Who Can't Agree on a Sale, That's the Price of Staying Stuck.](https://underwood.law/blog/owning-a-home-costs-3200-a-month-co-owners-cant-agree-on-sale/): The monthly cost of owning a median-priced U.S. home, mortgage, insurance, and property taxes combined, now runs about $3,200 in today's dollars, according to Harvard's Joint Center for Housing Studies. That's 46 percent higher than 2019 in real terms, and it exceeds what homeowners paid in 1990, when 30-year mortgage rates were above 10 percent. - [CAN YOU FORCE A TRUSTEE TO PRODUCE TRUST DOCUMENTS? (PROB. CODE § 17200)](https://underwood.law/blog/force-trustee-to-produce-trust-documents/): Yes, in most cases, you can force a trustee to produce trust documents in California, either by petitioning the probate court under Probate Code section 17200 or, if a partition case is already pending, through ordinary civil discovery. - [As more unmarried couples buy homes, financial conversations are becoming essential](https://underwood.law/blog/as-more-unmarried-couples-buy-homes-financial-conversations-are-becoming-essential/): Owning a home is still a big part of the American dream. Getting there, however, looks very different from what it did for previous generations. People still buy homes today (sales increased by 3.2% in May 2026, according to the National Association of Realtors), but they face higher hurdles, such as the exorbitant cost of living and soaring housing prices. - [Can You Dissolve a Trust? (Probate Code section 15403)](https://underwood.law/blog/can-you-dissolve-a-trust-probate-code-section-15403/): People often think that once a trust is created, it is locked in forever. That is not always true. In California, a trust can sometimes be dissolved, but the answer depends on the type of trust, the language of the trust document, and who is asking to end it. The most important question is whether the trust is revocable or irrevocable. - [Who is the Agent for Service of Process for a Partnership? (Corporations Code section 16309)](https://underwood.law/blog/who-is-the-agent-for-service-of-process-for-a-partnership-corporations-code-section-16309/): Before a case can move forward, the plaintiff must properly notify the defendant that a lawsuit has been filed. This is known as service of process. When the defendant is a partnership, however, many people wonder: Who is authorized to accept service of process on behalf of the partnership? Understanding who may properly receive service is important because serving the wrong person can delay a lawsuit or even require the plaintiff to start the service process over again. - [California Has 105 Cities Where Even the Cheapest Homes Cost $1 Million. If You Co-Own One of Them, That Equity Isn't Yours Until You Can Actually Sell.](https://underwood.law/blog/california-has-105-cities-where-even-the-cheapest-homes-cost-1-million-if-you-co-own-one-of-them-that-equity-isnt-yours-until-you-can-actually-sell/): Editor's note: This post draws on a June 2026 Zillow analysis reported by Axios showing that 242 U.S. cities now have million-dollar starter homes — California accounts for 105 of them, more than double any other state. The underlying data referenced throughout can be found at: https://www.axios.com/2026/06/20/starter-home-price-map-million - [Does a Partition Action Address Contributions?](https://underwood.law/blog/does-a-partition-action-address-contributions/): Owning property with someone else can become complicated very quickly. At first, co-owners may agree to split expenses, maintain the property together, and share responsibility equally. But when relationships break down, one owner often ends up carrying more of the burden. Sometimes one co-owner pays the mortgage, handles repairs, and keeps the property in good condition while the other contributes very little. Other times, one owner remains in possession of the property and allows it to deteriorate over time. When that happens, many people ask an important question: can an accounting claim address lack of maintenance? The answer is yes but in some situations. - [Are property laws keeping up with modern relationships?](https://underwood.law/blog/are-property-laws-keeping-up-with-modern-relationships/): By Eli Underwood - [Why courts are seeing more disputes over shared homes](https://underwood.law/blog/why-courts-are-seeing-more-disputes-over-shared-homes/): By Eli Underwood - [California Heart Balm Law: What You Can and Cannot Sue For After a Breakup](https://underwood.law/blog/california-heart-balm-law-what-you-can-and-cannot-sue-for-after-a-breakup/): Breakups can be emotional, messy, and deeply personal. When a serious relationship ends, people often feel betrayed, embarrassed, or financially hurt. Some people believe they should be able to sue the person who caused the relationship to fall apart. But California law places limits on those kinds of lawsuits. That is where the “Heart Balm Statute” comes in. - [What Happens to Property When Unmarried Couples Split in California?](https://underwood.law/blog/what-happens-to-property-when-unmarried-couples-split-in-california/): Buying a house together is not the only way unmarried couples build a life together. Many couples spend years sharing finances, supporting each other’s careers, raising children, building businesses, or making financial sacrifices for the relationship. Some people leave jobs to support their partner. Others contribute homemaking services, help grow a business, or support a partner while they pursue career opportunities. But what happens when the relationship ends? Many people assume that because they were never married, they have no legal rights against a former partner. In some situations, that may not be true. That is where the term “palimony” comes in. - [California Partition Law Reform | Elijah Underwood](https://underwood.law/blog/let-my-people-go-a-proposal-to-update-and-reform-california-partition-law/): Published in the California Real Property Journal, this article by California partition attorney Elijah Underwood explores California partition law reform, co-ownership disputes, appraisal rights, inherited property conflicts, partition sales, mortgage contribution issues, and proposed legislative updates affecting real estate owners and attorneys. - [Quantum Meruit in California: What It Means and How Recovery Works](https://underwood.law/blog/quantum-meruit-in-california-what-it-means-and-how-recovery-works/): What is quantum meruit - [Partition without conflict: How families are resolving shared property issues amicably](https://underwood.law/blog/partition-without-conflict-how-families-are-resolving-shared-property-issues-amicably/): By Eli Underwood - [The importance of clear agreements in shared real estate ownership](https://underwood.law/blog/the-importance-of-clear-agreements-in-shared-real-estate-ownership/): By Eli Underwood - [Partition Action Billing Options | Underwood Law Firm](https://underwood.law/blog/partition-action-billing/): Because we want to help as many people as possible, and so many clients come to us anxious about paying for a partition action, we offer a number of different options to try to find the right solution tailored to the problem. Like all legal fees, the billing option is a product of negotiation between the client and the lawyer based on the unique circumstances of each case. - [California Partition Actions: Should You Use AI or Hire a Partition Lawyer?](https://underwood.law/blog/california-partition-actions-should-you-use-ai-or-hire-a-partition-lawyer/): When co-ownership goes wrong, people want answers fast. The legal process is intimidating, the other party isn't cooperating, and stress builds by the day. So you open an AI tool like Claude or ChatGPT, describe your situation, and within seconds you have something that sounds like a plan. - [California's Co-Ownership Crisis is Growing](https://underwood.law/blog/californias-co-ownership-crisis-is-growing/): With California property transfers now coming through inheritance, co-ownership disputes are surging. Underwood Law Firm offers expert legal guidance to force sales, negotiate buyouts, or litigate under California partition law - [Can a Realtor Sell Only One Owner’s Share After a Court Decision?](https://underwood.law/blog/can-a-realtor-sell-only-one-owners-share-after-a-court-decision/): If you co-own real estate in California and a court has issued a judgment in a partition action, you may be wondering what happens next—especially if you want to move on while your co-owner does not. A question that frequently arises is: can a realtor be authorized to sell just one owner’s share of the property after a court decision? The short answer is no—and understanding why requires a closer look at how partition law actually works in California. - [Surge in Inherited Property Among Baby Boomers' Heirs Drives Need for Partition Actions - Underwood Law Firm Responds to Growing Disputes](https://underwood.law/blog/surge-in-inherited-property-among-baby-boomers-heirs-drives-need-for-partition-actions-underwood-law-firm-responds-to-growing-disputes/): By Eli Underwood - [What is a Motion to Tax Costs (C.R.C., Rule 3.1700)?](https://underwood.law/blog/what-is-a-motion-to-tax-costs-c-r-c-rule-3-1700/): Often a court judgment contains costs of the lawsuit and attributes payment of those costs to the parties depending on the outcome of the lawsuit. The distribution of costs may be disputed by a motion to tax costs. This motion allows a party who is charged with paying the costs the ability to dispute the items or amounts claimed in the judgment. - [What is a Small Estate Petition? (Probate Code § 890)](https://underwood.law/blog/what-is-a-small-estate-petition-probate-code-890/): When someone passes away, handling their property can feel complicated and be very intimidating, especially with probate. Probate can take months or even years. California offers a simpler alternative for smaller estates. A Small Estate Petition allows heirs to collect or transfer a decedent’s property without opening a full probate case, making the process faster, less expensive, and less stressful for families. - [Co-Owning Property: What Happens When You Don’t Agree Anymore](https://underwood.law/blog/co-owning-property-what-happens-when-you-dont-agree-anymore/): Co-owning a house usually starts out feeling easy. - [Who gets the house? Legal battles over property between long-term live-in partners rise in urban real estate markets](https://underwood.law/blog/who-gets-the-house-legal-battles-over-property-long-term-live-in-partners/): Domestic arrangements are shifting as marriage rates stagnate, but the financial leap into homeownership is not slowing down. According to the National Association of Realtors (NAR) 2025 report, 13% of homebuyers in the 25-34 age demographic are now unmarried couples—a "tipping point" that reveals a massive cohort of buyers entering the market without the legal protections afforded by marriage.  - [Falling Home Values in Southern California: Why Now is a Good Time to Start a Partition Action](https://underwood.law/blog/falling-home-values-in-southern-california-why-now-is-a-good-time-to-start-a-partition-action/): There’s a lot changing in Southern California real estate right now, and it’s not just a topic for headlines. If you own a home here—especially if you share ownership with someone else—you’ve probably felt the pinch or at least heard friends talking about it. Home values, which seemed only to climb for years, have taken a noticeable dip over the past year. Maybe you’re not sure what this means for you, or how it should affect your next steps. And if you and the other owner of your property aren’t seeing eye to eye, all this uncertainty can feel even more intense. - [Not All Real Estate Lawyers Are the Same: General Practice vs. Partition Law](https://underwood.law/blog/not-all-real-estate-lawyers-are-the-same-general-practice-vs-partition-law/): When property disputes come up—especially between co-owners—most people think, “I just need a lawyer to sort this out.” That reaction makes sense. When things feel tense or overwhelming, the goal is usually to hand the problem to a professional and move on. - [Housing Crisis Creates Perfect Storm for Partition Actions: Why Now Is the Time to Resolve Co-Ownership Disputes](https://underwood.law/blog/housing-crisis-creates-perfect-storm-for-partition-actions-why-now-is-the-time-to-resolve-co-ownership-disputes/): Governor Gavin Newsom and President Trump rarely agree on anything. Yet both are suddenly pointing fingers at institutional investors as the villains in California's housing crisis. Here's what they're missing: for thousands of property owners across the state, the real crisis isn't corporate landlords - it's being stuck in a co-ownership nightmare with no way out. - [Why the Housing Market Is Shifting - and What California Partition Law Means for You](https://underwood.law/blog/why-the-housing-market-is-shifting-california-partition-law/): The housing market has taken some unexpected turns lately. Home values don't just rise and fall based on supply and demand anymore - they're being reshaped by forces most people don't see coming. Equity swings, an aging population divorcing at record rates, and obscure property laws are all colliding in ways that affect both homeowners and investors. Understanding these shifts isn't just academic - it's essential for making smart financial moves in today's market. - [Reviewing They Loved Their Family Land in South Carolina. But Who Actually Owned It? How Partition Actions are a Good Option](https://underwood.law/blog/reviewing-they-loved-their-family-land-in-south-carolina-but-who-actually-owned-it-how-partition-actions-are-a-good-option/): If you’re reading this, you might be feeling the weight of that anchor right now. Maybe you’re stuck in a co-ownership situation that isn’t working, and you’ve heard the term "partition action" thrown around. It sounds scary, doesn’t it? Like something involving a chainsaw and a lot of sawdust. - [10 Reasons Not to Wait to File for Partition](https://underwood.law/blog/10-reasons-not-to-wait-to-file-for-partition/): When co-owners of real estate can't agree on what to do with their property, filing a partition lawsuit often becomes necessary. Many people hesitate, hoping the situation will resolve itself or that avoiding legal action will preserve relationships. - [Can a trust override a beneficiary on a bank account? (Prob. Code § 80)](https://underwood.law/blog/can-a-trust-override-a-beneficiary-on-a-bank-account-prob-code-%c2%a7-80/): Designating a beneficiary is not a mandatory step of setting up a bank account for everyone. Still, when required, designating a beneficiary is a critical step to ensure the account’s funds are directly transferred to the account holder’s intended recipient upon the account holder’s death. Understanding when a beneficiary designation is required helps avoid delays or wrongful distributions of funds upon the account holder’s death.  - [What is Cohabitation?](https://underwood.law/blog/what-is-cohabitation/): Cohabitation is a common amongst couples who want to build a life together without getting married. But, because California law does not recognize common law marriages, cohabitation may unexpectedly affect each partner’s property rights. When an unmarried couple establishes a shared household, they often begin sharing finances or purchasing a home together. These seemingly normal relationship milestones may bring unexpected consequences such as complicated ownership disputes, financial support, and other responsibilities in the unfortunate event the relationship ends.  - [Data shows that home ownership by cohabiting couples is on the rise](https://underwood.law/blog/data-shows-that-home-ownership-by-cohabiting-couples-is-on-the-rise/): By Elijah Underwood - ["I Love LA" Shows What Happens When Happily Ever After Ends](https://underwood.law/blog/when-happily-ever-after-ends-but-the-mortgage-doesnt-selling-a-house-when-your-ex-refuses/): Buying a house with someone you aren’t married to feels like the ultimate commitment. It’s exciting. You picture Sunday mornings in the kitchen, painting the spare room, maybe even a dog running in the backyard. It’s a leap of faith, backed by a thirty-year loan. - [Can an LLC Member take out a Loan against a Property? (Corp. Code § 17704.06)](https://underwood.law/blog/can-an-llc-member-take-out-a-loan-against-a-property-corp-code-%c2%a7-17704-06/): Under California law, an LLC member’s ability to take out a loan against an LLC-owned property depends on several important factors. Many LLCs explore this strategy as a means of freeing up capital without selling valuable LLC assets. Understanding the limits and permissions involved is crucial before pursuing this type of financing.  - [What protections do you have as heir or beneficiary of a trust? (Prob. Code § 16061.7)](https://underwood.law/blog/what-protections-do-you-have-as-heir-or-beneficiary-of-a-trust-prob-code-%c2%a7-16061-7/): Whether you know you are someone’s heir or are a beneficiary of a trust, knowing your rights to the property you are meant to inherit is important. California’s Probate Code offers certain protection to those meant to inherit property from a decedent. In the case of the trust where the property is being handled by a third person or trustee prior to being distributed, if you suspect you have an interest in the property you can force the turnover of those documents to confirm your interest. - [Can you Partition in Family Court? (Fam. Code § 2650)](https://underwood.law/blog/can-you-partition-in-family-court-fam-code-%c2%a7-2650/): Yes. In a divorce action, courts must divide community property between the parties equally; however, this process may be different when the community property is owned with third parties. When third parties are involved, the proceedings become more complex and require that the court consider the third parties’ existence, interest, and rights when rendering a judgment on the property.  - [Do you pay inheritance tax on a trust? (Revenue Code section 13301)](https://underwood.law/blog/do-you-pay-inheritance-tax-on-a-trust-revenue-code-section-13301/): When property is transferred whether as an “inter vivos” meaning during life transfer, or as a result of death, it may be subject to taxes like property taxes and transfer taxes. When property is transferred as a result of death in some states an inheritance tax may apply to the heir or person receiving the property. This is important because it may be an unexpected cost to the heir. Often following death, property is distributed in accordance with a trust or will. In California, there is no inheritance tax but taxes on estates do apply. - [Analyzing the growing role of real estate in intergenerational wealth](https://underwood.law/blog/analyzing-the-growing-role-of-real-estate-in-intergenerational-wealth/): By Eli Underwood - [Can Parents Recover a Downpayment Given as a Gift? (Civ. Code § 1146)](https://underwood.law/blog/can-parents-recover-a-downpayment-given-as-a-gift-civ-code-%c2%a7-1146/): Generally, once parents have given their child(ren) funds for a downpayment as a gift, the parents cannot recover the gifted money. In fact, to recover the downpayment given as a gift, parents must prove the payment was made without intention to make a gift, or under circumstances such as fraud. Absent such circumstances, courts view gifted downpayments as completed, non-recoverable gifts, leaving the parents without legal recourse.  - [Gray divorce: How the splitting of older households is impacting the housing market](https://underwood.law/blog/gray-divorce-how-the-splitting-of-older-households-is-impacting-the-housing-market/): With longer life expectancy comes a longer “third act,” and many people in their 50+ era just don’t want to stay in the same box society has confined them to. As a consequence, the so-called gray divorce is now the most prevalent, especially in the U.S. - [What is a Default Judgment? (C.C.P. § 585)](https://underwood.law/blog/what-is-a-default-judgment-c-c-p-%c2%a7-585/): A default judgment may be entered against a defendant if they do not respond to the pleadings in time. This is done by requesting default and then requesting that the court enter default judgment. If you have been sued this is an important reason to make sure you respond to the pleadings or the complaint. - [What is the “equal dignities” doctrine? (Civil Code § 2309)](https://underwood.law/blog/what-is-the-equal-dignities-doctrine-civil-code-%c2%a7-2309/): The equal dignities doctrine is a California doctrine that affects the applicability of contracts. The doctrine is a subset of a larger doctrine that is called the statute of frauds which governs contracts for things like the sale of land. Some contracts must be in writing to be enforceable like leases, mortgages, and deeds. If you are having someone enter into one of those contracts on your behalf that authority may also need to be in writing. As such, it is important to know how the equal dignities doctrine operates so you can ensure any sale or transfers of land are binding. - [Can You Join a Deceased Person in a Lawsuit? (CCP § 762.030.)](https://underwood.law/blog/can-you-join-a-deceased-person-in-a-lawsuit-ccp-%c2%a7-762-030/): How to Join a Deceased Person in a Lawsuit - [What is the Williamson Act? (Government Code section 51200)](https://underwood.law/blog/what-is-the-williamson-act-government-code-section-51200/): The Williamson Act, also known as the California Land Conservation Act of 1965, allows an owner of agricultural land to enter into a contract restricting the use of land to agricultural purposes and eliminates possible subdivision of the land. The Act in return provides a reduction in the land’s assessed value which decreases the property tax owed on the property. This is important if you have agricultural land because it may help you reduce the amount you pay on property taxes. - [How Partition Law Protects Businesses From Ownership Disputes](https://underwood.law/blog/how-partition-law-protects-businesses-from-ownership-disputes/): By Eli Underwood - [Forcing the sale: A look at the growing use of partition actions in US real estate](https://underwood.law/blog/forcing-the-sale-a-look-at-the-growing-use-of-partition-actions-in-us-real-estate/): By Eli Underwood - [How to Override a Power of Attorney](https://underwood.law/blog/how-to-override-a-power-of-attorney/): California Probate Code section 4540 establishes who may petition the court to override a power of attorney under the right circumstances. This list includes: (1) the principal’s agent; (2) the principal; (3) the principal’s spouse; (4) the principal’s relative; (5) conservators of the principal or their estate; (6) a court investigator; (7) a public guardian; (8) a personal representative or trustee; (9) a person who the agent asks, in writing, to file a petition; and (10) any interested person or friend.  - [California’s Anti-Deficiency Law (CCP § 580)](https://underwood.law/blog/californias-anti-deficiency-law-ccp-%c2%a7-580/): Taking out a loan on property can leave you exposed to liability. However, certain laws offer protection in various circumstances. Usually taking out a loan is done for the purposes of a mortgage which is recorded in a document called a deed of trust. Like with all loans, failure to make regular payments results in consequences. Failing to make payments on a deed of trust may result in foreclosure, where the sale of the property may not fully satisfy the amount on the loan. Anti-deficiency laws offer some protections for borrowers for that remaining amount. - [What are “Damages?” ](https://underwood.law/blog/what-are-damages/): When someone suffers an injury because of another person’s wrongful conduct, the law allows the injured person to seek compensation through “damages.” “Damages” are the monetary compensation awarded to the injured person to make the injured person whole again. California law recognizes various types of damages, including general damages and special damages. Understanding what damages are available, how they are categorized, and when they can be recovered is crucial to pursuing or defending any legal claim.  - [Can Someone with a Power of Attorney bring a Lawsuit? (Prob. Code, § 4123.)](https://underwood.law/blog/can-someone-with-a-power-of-attorney-bring-a-lawsuit-prob-code-%c2%a7-4123/): Yes, someone with a valid power of attorney can bring a lawsuit on behalf of the person who granted them authority, if the power of attorney vests them with legal authority to do so. Generally, a power of attorney can authorize actions like property management, conducting financial transactions, or pursuing litigation. However, whether an agent can bring a lawsuit on their principal’s behalf depends on the type of power attorney and the specific powers it grants.  - [How to Win a Partition Action](https://underwood.law/blog/how-to-win-a-partition-action/): There are many different ways you can “win” a partition action, and it all depends on what “winning” looks like to you. Because Partition is an action rooted in equity or fairness you may desire a different outcome than someone else with a similar case. As such, it is important to know what your goal is going into a partition lawsuit. - [Does Partition Law Allow a Referee to Conduct an Accounting?](https://underwood.law/blog/does-partition-law-allow-a-referee-to-conduct-an-accounting/): A referee plays an important role in the partition process when a property is being sold. As a referee, they are meant to be neutral. Usually, a referee will conduct a sale and then provide the court with a report on the sale. They can provide an accounting in their report but must exercise caution in how they word their statements. Because of their impartial role, they cannot include their opinions or “rulings” on questions of fact or law in the report they provide following the sale. - [How to Settle a Co-Ownership Dispute](https://underwood.law/blog/how-to-settle-a-co-ownership-dispute/): When co-ownership disputes arise, parties often prefer to resolve the dispute outside of the courtroom, if possible, through buyout or other settlement agreements. In California, co-owners may modify their rights through written agreements, including their right to partition. Thus, co-ownership disputes are often resolved through buyout or settlement agreements - [Can a Partition Result in a Judgment Against a Party for Money Owed?](https://underwood.law/blog/can-a-partition-result-in-a-judgment-against-a-party-for-money-owed/): Yes. In certain cases, a party can end up owing money after a partition. Partition actions involve the division of property among co-owners, which can give rise to numerous financial costs of partition and may reveal a financial imbalance between co-owners. Understanding what your financial obligations are in co-ownership will help you better manage your expenses and avoid financial imbalances in your co-ownership.  - [What is a Joint Mortgage? (Civil Code § 2951)](https://underwood.law/blog/what-is-a-joint-mortgage-civil-code-%c2%a7-2951/): A joint mortgage is a mortgage taken out by multiple people. Usually, a mortgage is secured on a property by the people who own it. However, with a joint mortgage that does not necessarily have to be the case. A joint mortgage may be held by someone who is not on the title for the property and another person who is. As such, a joint mortgage can have important implications for property ownership and liability on the loan. - [When is property exempt from transfer taxes in California? (Rev. & Tax Code sections 11930, 11931, 11932, 11933)](https://underwood.law/blog/when-is-property-exempt-from-transfer-taxes-in-california-rev-tax-code-sections-11930-11931-11932-11933/): Knowing what hidden costs might come up when selling property is important. California applies a transfer tax when property is sold for over one hundred dollars. However, this tax does not apply in all situations. Knowing when it does not apply can help you save on closing costs. - [Can an Executor Withhold Money from a Beneficiary? ](https://underwood.law/blog/can-an-executor-withhold-money-from-a-beneficiary/): Yes. Executors can withhold money from a beneficiary in certain circumstances, if withholding complies with applicable legal standards and fiduciary duties. Because executors are fiduciaries, executors must always act in the best interests of the estate and its beneficiaries and are bound by probate court orders and applicable laws governing estate administration. Failing to comply with such obligations exposes executors to numerous forms of potential liability for wrongful withholding.  - [The Role of Mediation in Partition Disputes](https://underwood.law/blog/the-role-of-mediation-in-partition-disputes/): Even so, there is no specific law or case mandating mediation in partition disputes in California. The general rule governing mediation in civil disputes, including partition, is that mediation is a voluntary process unless all involved parties agree otherwise. (Cal. Rules of Court, Rule 3.853.) As such, the California Legislature’s policy preference for encouraging mediation to reduce the court backlog is merely encouragement that cannot be translated into a mandatory requirement for meditation in every partition dispute. Courts can, however, order mediation in a specific case if the circumstances require.  - [What is a Homestead Exemption?](https://underwood.law/blog/what-is-a-homestead-exemption/): Once recorded, the dwelling is a declared homestead for the purposes of all relevant statutes. (CPC § 709.920.) Amongst these purposes are several protections such as exemption from execution by certain creditors up to the amount of the homestead exemption, protection from voluntary sale, and the ability to reinvest proceeds from a voluntary sale within six months. (Title Trust Deed Service Co. v. Pearson (2005) 132 Cal.App.4th 168.) The ability to reinvest proceeds from a voluntary sale within six months applies to proceeds from sale, damage, or destruction of a homestead, if the debtor reinvests in another homestead within that period. (Code Civ. Proc., § 704.720.) Additionally, the protections of a declared homestead survive the death of the homestead owner. (Title Trust Deed Service Co. v. Pearson, 132 Cal.App.4th at 174.)  - [What is the Subdivision Map Act? (Gov. Code, § 66424.)](https://underwood.law/blog/what-is-the-subdivision-map-act/): The Subdivision Map Act is a state law governing the division of land for sale, lease, or financing purposes. Under its authority, California’s local agencies regulate and control the design and improvement of subdivisions, to ensure that new developments are consistent with community needs and goals, while simultaneously preventing fraud, protecting purchases, and ensuring adequate public facilities and services.  - [What Rights Do I have as a 50% Owner?](https://underwood.law/blog/what-rights-do-i-have-as-a-50-owner/): Right to Occupy the Entire Property as a 50% Owner - [How to Hire a Real Estate Division Lawyer? (CCP § 873.530.) ](https://underwood.law/blog/how-to-hire-a-real-estate-division-lawyer/): Partition lawsuits require a lawyer to be able to navigate partition law and the related statutes. California has also implemented multiple partition-specific acts like the Uniform Partition of Heirs Property Act in 2022 and the Partition of Real Property Act in 2023. A diligent partition lawyer will keep abreast of all these changes in the law so that you do not have to. A real estate division lawyer will also help you with their experience in litigation and civil procedure to ensure your case is handled in the most efficient way.  - [What is an equitable lien? (Civ. Code § 2924)](https://underwood.law/blog/what-is-an-equitable-lien/): An equitable lien is a remedial right to have certain property applied to pay a debt. (In re Cedar Funding, Inc. (2009) 408 B.R. 299, 314.) This means it must be enforced in equity by the court, so the lien allows someone to subject property to payment of the debt or claim it as a charge against the property. (Little v. Amber Hotel Co. (2011) 202 Cal.App.4th 280, 292-293.) - [Can you record a Second Lis Pendens?](https://underwood.law/blog/can-you-record-a-second-lis-pendens/): Yes. In California, you can record a second lis pendens on the same property, with the court’s permission, if the first is expunged. A lis pendens, or notice of pendency of action, is filed in any lawsuit affecting title or right to possession of real property, like partition actions. Under California’s Code of Civil Procedure, individuals can file a second lis pendens on the same property with the court’s permission, if the filing meets all statutory requirements.  - [How do Legal Fees Work in a Partition Action](https://underwood.law/blog/how-do-legal-fees-work-in-a-partition-action/): Legal fees are often set up in an initial agreement or contract between the client and lawyer. This includes the lawyer’s hour rate and how payments will be made. Because legal fees are a necessary part of bringing a lawsuit with representation, they may also factor into the court’s decision making. Not all lawsuits are the same. For example, in a partition action, attorney’s fees may be divided in an unconventional manner. - [What is a land sale contract (Civ. Code § 2985)?](https://underwood.law/blog/what-is-a-land-sale-contract-civ-code-%c2%a7-2985/): Property may be sold and acquired in a variety of different ways especially based on the type of property it is. One of these forms is a land sale contract. A land sale contract is different from a deed or other traditional instrument of title. Under a land sale contract, the buyer does not get title or full ownership of the land right away. - [What is a “Contingency” in real estate? (Civ. Code § 1436.)](https://underwood.law/blog/what-is-a-contingency-in-real-estate-civ-code-%c2%a7-1436/): Contingencies are conditions or requirements included in purchase agreements that must be met before the agreement moves forward. Contingencies are designed to protect the parties’ interests in the transaction by allowing them to back out of deals or renegotiate terms when certain conditions are not satisfied. - [What is a Contingent Beneficiary? (Prob. Code § 267)](https://underwood.law/blog/what-is-a-contingent-beneficiary/): In a will, there must be a precise contingency to grant an interest in an estate to the contingent beneficiary. For example, if a will provides an interest contingent on the beneficiary not surviving the testator by 180 days and she did, the interest will not vest, and she would not get an interest in the estate. (Estate of Murphy (1979) 92 Cal.App.3d 413, 426–427.) - [A Primer on Intestacy (Prob. Code § 10000)](https://underwood.law/blog/a-primer-on-intestacy/): Usually, a decedent has a valid legal will or estate upon their death which indicates how they want their assets distributed. Intestacy refers to someone who dies without a will. This means how their assets are distributed will be decided by the probate court. - [How to Stop or Avoid a Partition Sale?](https://underwood.law/blog/how-to-stop-or-avoid-a-partition-sale/): Under California law, co-owners of property who cannot agree on how to divide or manage their co-owned property have an absolute right to partition, which could result in the property’s forced sale. Generally, partition actions can’t be stopped without a valid waiver, however, co-owners can avoid, and even stop, partition proceedings in some circumstances using waivers, buyout agreements, mediation, or other settlement options. Understanding the partition alternatives available to you as a co-owner of shared property can help prevent the disruption and financial strain accompanying forced sales of property. - [What are Some Examples of Executor Misconduct?](https://underwood.law/blog/what-are-some-examples-of-executor-misconduct/): An executor is someone appointed to manage a person’s estate once they pass away and ensure assts and property are given to the appropriate people. Because of the power they have, they must abide by their duties to the estate. Otherwise, they may be liable for their misconduct. - [How Does a Self-Directed IRA Work?](https://underwood.law/blog/how-does-a-self-directed-ira-work/): A self-directed IRA is a retirement account structured like a Roth IRA or other traditional IRA. A self-directed IRA allows alternative investments like real property or cryptocurrency. - [What is a 1031 Exchange?](https://underwood.law/blog/what-is-a-1031-exchange/): 1031 exchanges are a real estate tax break that allows commercial property sellers to exchange a business, trade, or investment property for another, like kind, property while deferring capital gains tax on the sale. Without this tax break, sellers must pay capital gains tax at the time of sale. California law does not require the 1031 exchange be in the same state, however, California does have a “claw back” provision that could ultimately lead to owing the deferred taxes. Understanding what 1031 exchanges are, how they work, and how California law differs from other states is crucial to ensuring you access every benefit of the tax break without incurring avoidable costs. - [How to Find Out if a Trust Exists](https://underwood.law/blog/how-to-find-out-if-a-trust-exists/): If you think a trust exists, finding it is important to ensure it is distributed properly. If you are a beneficiary to that trust, it ensures you get your fair share. - [The Legal Process of Partitioning Property: Step-by-Step Guide](https://underwood.law/blog/the-legal-process-of-partitioning-property-step-by-step-guide/): In California, the legal process of partitioning property is the process through which co-owners of real property divide the co-owned property, either physically or by sale. Typically, partitions occurs when co-owners disagree on how to manage or use the property. The legal process of partitioning property involves several complex steps. This blog post aims to provide a step-by-step guide by breaking the process down into five main steps. - [How to Handle a Property Ownership Dispute?](https://underwood.law/blog/how-to-handle-a-property-ownership-dispute/): When you own a property with one or more people, you may end up in a dispute over payment for remodeling, upkeep, rent payments from tenants, or even wanting to get rid of the property. While it is worth trying to settle these disputes out of court, if they escalate you may want to consider litigation. - [Can Siblings Force the Sale of Inherited Property?](https://underwood.law/blog/can-siblings-force-the-sale-of-inherited-property/): Yes. In California siblings can force the sale of inherited property through a partition action. Partition actions allow siblings who co-own inherited property to request a court-ordered sale of property when it cannot be physically divided or the siblings cannot reach an agreement on the property’s management and disposal. Allowing siblings to force the sale of inherited property through partitions ensures co-owners can fairly resolve disputes while properly protecting their individual ownership interests. - [What happens to a house in a trust after death? (Prob. Code § 15200)](https://underwood.law/blog/what-happens-to-a-house-in-a-trust-after-death-prob-code-%c2%a7-15200/): A trust is a great way to determine what happens to your property after death and ensure that it is distributed the way you intended. This also applied to real property. If the real property is a house, that may create disputes over how it is divided, especially if your trust grants an interest in the house to multiple people. - [What happens when you pay someone else’s property taxes?](https://underwood.law/blog/what-happens-when-you-pay-someone-elses-property-taxes/): Under California law, paying someone’s property taxes does not automatically grant ownership of the property. In California, paying someone else’s taxes, even if done in good faith, is considered a gesture of goodwill or a means of avoiding a tax lien, but no matter the motive, payment does not transfer legal ownership. - [Can you remove someone from a deed without their knowledge?](https://underwood.law/blog/can-you-remove-someone-from-a-deed-without-their-knowledge/): Owning property can come in different forms of ownership which grants you different rights. If you acquire an interest in property by sale or inheritance you may end up holding a percentage property interest while another person holds the other part of that interest. When co-owning property with someone, both of your names are on the deed which gives you certain abilities and rights. - [Who Manages an LLC?](https://underwood.law/blog/who-manages-an-llc/): In California, Limited Liability Companies (“LLC”) are either managed by their members or designated managers, depending on how it is structured. These two kinds of management structures are the primary approaches to LLC management in California and are known as the (1) Member-Managed and (2) Manager-Managed structures. In member-managed LLCs, members are actively involved in daily operations, whereas members in manager-managed LLC’s, take a more passive role in the businesses’ management. Ultimately, the power to govern the LLC rests in its founders’ hands by allowing them to define how the business will be run in the LLC’s operating agreement. California law provides a flexible approach to LLC management through these two main structures. - [What is the “Internal Affairs Doctrine”?](https://underwood.law/blog/what-is-the-internal-affairs-doctrine/): The internal affairs doctrine indicates what state’s law is applicable to a corporation or limited liability company’s (LLC) internal affairs. This is important in adjudicating any corporate disputes like breach of contract, breach of fiduciary duty or other lawsuits that might arise involving business and corporations. - [What is Commercial Litigation?](https://underwood.law/blog/what-is-commercial-litigation/): Commercial Litigation is the process used to resolve legal disputes arising from business transactions and relationships. As an area of law, commercial litigation encompasses a wide range of issues including business torts, antitrust claims, and intellectual property disputes. These claims typically arise out of breaches of contract, disputes over products and services, and financial disagreements. Because California encompasses such a wide variety of commercial business, understanding how commercial litigation disputes arise and are generally addressed is crucial to navigating these claims. - [Are Wills Public Records? (Prob. Code § 8200)](https://underwood.law/blog/are-wills-public-records-prob-code-%c2%a7-8200/): An important part of end-of-life preparation or just future planning is creating a will. A will is a document that dictates what your final intentions are regarding your assets and property. (Estate of Lopes (1984) 152 Cal.App.3d 302, 305.) Because of how a will determines inheritance and any future interest people may have in your property, after passing through the probate process, wills become public record. - [Can You “Abandon” a Partnership? (Corp. Code, § 16801.)](https://underwood.law/blog/can-you-abandon-a-partnership-corp-code-16801/): Yes. In California the legal process of “abandoning” a partnership is called partnership dissolution. Partnership dissolution is the legal process of ending a business partnership, either voluntarily or involuntarily. Reasons for dissolution include completion of business goals, a partner’s death or incapacity, or the partners’ mutual agreement. The Uniform Partnership Act (“UPA”) governs partnerships and their dissolutions providing procedural steps for the partnership’s end including liquidation of assets, settling debts, and distributing profits or losses among partners. Understanding how partnership dissolution works helps ensure the fair resolution of business affairs for all involved parties. - [What is Filial Responsibility? (Fam. Code § 4400)](https://underwood.law/blog/what-is-filial-responsibility-fam-code-4400/): It seems logical that a parent has a legal and moral duty to care for their children, but is there an inverse duty? Filial responsibility is the responsibility for a child to take care of their parents. This is important if you have a parent in need of support because failing to provide help may open you up to legal liability. Because it is a duty that means the adult child is likely not able to get compensation for the support they provide. - [Can jointly owned property be sold by one owner?](https://underwood.law/blog/can-jointly-owned-property-be-sold-by-one-owner/): Joint ownership of property carries a significant number of rights with it. However, a joint owner cannot sell the property without permission from other co-owners. If one co-owner wants to sell or encumber the entire property and the other co-owner disagrees this can cause conflict. Outside of marriage, property is usually owned as a tenancy in common, a joint tenancy, or as a partnership. (Civ. Code § 686.) This type of ownership status usually stays the same over the course of one’s ownership. - [What is a “Partition In Kind”?](https://underwood.law/blog/what-is-a-partition-in-kind/): Partition is the legal procedure used to divide property among co-owners, often used when co-owners disagree about the property’s sale or division. In California, partition can be achieved through multiple methods: (1) Partition In Kind; (2) Partition by Sale; and (3) Partition by Appraisal. This article only explores Partition In Kind’s specific purpose and procedure as the law’s favored method. Understanding how Partition In Kind works and in what circumstances it is appropriate allows co-owners to better navigate a partition action’s start. - [What Are Your Rights as a California Registered Domestic Partner? (Fam. Code, § 297)](https://underwood.law/blog/what-are-your-rights-as-a-california-registered-domestic-partner-fam-code-297/): Registered Domestic Partnerships are a legally recognized form of union between two adults who willingly engage in a relationship of mutual caring without marriage. Under California law, registered domestic partnerships receive the same state-level rights and responsibilities as married couples. Federal law does not, however, afford registered domestic partnerships the same legal recognition, rights, or responsibilities. In fact, many states may not recognize registered domestic partnerships to the same extent as California, if at all. Understanding how registered domestic partnership’s rights and responsibilities differ at the federal and state levels is crucial to ensuring access to all the legal rights and responsibilities your partnership is entitled to. - [What is a Partition Lawyer?](https://underwood.law/blog/what-is-a-partition-lawyer/): One of the issues a property owner encounters is split ownership of property, whether they want to take all of it or get it off their hands. Where multiple people have an interest in property, especially when they already know each other, disputes can get messy. Where one or both owners disagree on how to sort out the property, a court ordered solution is needed. In taking this route, a partition lawyer will be helpful in navigating the process and ensuring you get the best possible outcome. - [What is an Easement in Gross v. an Easement Appurtenant?](https://underwood.law/blog/what-is-an-easement-in-gross-v-an-easement-appurtenant/): In California, easements are legal rights that allow one party to use another party’s property for a specific purpose, without transferring ownership of that property. Easements are be created through express or implied agreements, long-standing use, or necessity. They are commonly used to grant access to driveways, utility lines, or for other specific purposes like drainage. The easement’s use and scope heavily rely on whether the easement is an easement in gross or an easement appurtenant. Understanding easements, how they are created, and the differences between easements in gross and easements in appurtenant is crucial for property owners to ensure their rights and obligations are clearly defined and upheld. - [What is the Difference Between an Heir and a Beneficiary?](https://underwood.law/blog/what-is-the-difference-between-an-heir-and-a-beneficiary/): “Who” gets “what” is the most important part of creating a will, trust, or other similar instrument. Often the terms heirs and beneficiaries come up and can be disputed during the probate process. The two terms often are mentioned in the same document and can seem like they refer to the same people. However, while heirs and beneficiaries can overlap in a will or trust they do have important differences to note. - [Who Pays for a Partition Action?](https://underwood.law/blog/who-pays-for-a-partition-action/): A partition action is the legal process of co-owners dividing a piece of real property. There are various reasons why a partition may be necessary, and different types of partitions exist to ensure the proper remedy is available when these circumstances arise. Co-owners involved in partition actions commonly ask who is responsible for the costs of partition including expenses like attorney fees, surveyor fees, and court costs. The costs of partition are typically divided equitably among co-owners based on their ownership interests. Understanding how the court determines who is responsible for the costs of partition is a crucial part of navigating this complicated legal process. - [What is a Resulting Trust versus a Constructive Trust?](https://underwood.law/blog/what-is-a-resulting-trust-versus-a-constructive-trust/): Trusts are an important way to set out one’s wishes for how and when you want to transfer assets like property. While trusts usually are set up as written contracts, other trusts can be enforced by the court, like resulting trusts and constructive trusts. These types of trusts are involuntary, meaning a court imposes them as a remedy to prevent an inequitable result, when property is wrongfully taken or transferred. (Kenneally v. Bank of Nova Scotia (2010) 711 F.Supp.2d 1174, 1190.) A resulting trust may arise where the transferor did not want the transferee to have a beneficial interest in the property. A constructive trust is used by the court to prevent unjust enrichment. ## Pages - [Video](https://underwood.law/video/) - [Thank You](https://underwood.law/thank-you-cal/) - [Thank You](https://underwood.law/thank-you-info/) - [Thank You](https://underwood.law/thank-you-2/) - [Thank You](https://underwood.law/thank-you/) - [Thank You](https://underwood.law/thank-you_ebook/) - [Code of Civil Procedure (CCP) Section 874.321 – Filing Report for Open-Market Sales](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-321-filing-report-for-op/) - [Code of Civil Procedure (CCP) Section 874.320 – Court Ordered Open-Market Sale; Sealed Bids; Auction](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-320-court-ordered-open-m/) - [Code of Civil Procedure (CCP) Section 874.321.5 – Apportionment of the Costs of Partition](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-321-5-apportionment-of-t/) - [Code of Civil Procedure (CCP) Section 874.319 – Considerations for Partition in Kind](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-319-considerations-for-p/) - [Code of Civil Procedure (CCP) Section 874.318 – Partition Alternatives](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-318-partition-alternativ/) - [Code of Civil Procedure (CCP) Section 874.317 – Cotenant Buyout of Interests](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-317-cotenant-buyout-of-i/) - [Code of Civil Procedure (CCP) Section 874.316 – Determination of Fair Market Value; Notice](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-316-determination-of-fai/) - [Code of Civil Procedure (CCP) Section 874.314 - Method of Service; Notice by Publication](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-314-method-of-service-no/) - [Code of Civil Procedure (CCP) Section 874.315 – Referees](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-315-referees/) - [Lien Claim in an Answer to a Partition (CCP § 872.420)](https://underwood.law/practice-areas/partition-actions/partition-statutes/lien-claim-in-an-answer-to-a-partition-ccp-872-420/) - [Code of Civil Procedure (CCP) Section 872.230 - Partition Complaint](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-872-230-partition-complaint/) - [Code of Civil Procedure (CCP) Section 874.312 - Definitions](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-312-definitions/) - [Code of Civil Procedure (CCP) Section 874.313 - Applicability; Relation to Other Laws](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-313-applicability-relati/) - [Code of Civil Procedure (CCP) Section 874.225 – Claims Not Affected by Judgment](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-225-claims-not-affected/) - [Code of Civil Procedure (CCP) Section 874.311 – Short Title; Application of Act](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-311-short-title-applicat/) - [Code of Civil Procedure (CCP) Section 874.240 – Conveyance or Transfer Has Binding Effect of Judgment](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-240-conveyance-or-transf/) - [Code of Civil Procedure (CCP) Section 874.210 – Persons Bound by Judgment](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-210-persons-bound-by-jud/) - [Code of Civil Procedure (CCP) Section 874.140 – Enforcement of Judgment](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-140-enforcement-of-judgm/) - [Code of Civil Procedure (CCP) Section 874.130 – Enforcement of Lien](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-130-enforcement-of-lien/) - [Code of Civil Procedure (CCP) Section 874.050 – Court Apportionment of Costs](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-050-court-apportionment/) - [Code of Civil Procedure (CCP) Section 874.110 – Payment by Parties](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-110-payment-by-parties/) - [Code of Civil Procedure (CCP) Section 874.120 – Lien for Costs](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-120-lien-for-costs/) - [Code of Civil Procedure (CCP) Section 874.040 – Court Apportionment of Costs](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-040-court-apportionment/) - [Code of Civil Procedure (CCP) Section 874.010 – Costs Incurred in Partition Action](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-010-costs-incurred-in-pa/) - [Code of Civil Procedure (CCP) Section 874.020 – Costs Incurred in Related Action](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-020-costs-incurred-in-re/) - [Code of Civil Procedure (CCP) Section 874.030 – Interests on Disbursements](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-874-030-interests-on-disburs/) - [Code of Civil Procedure (CCP) Section 873.970 – Effect of Agreement](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-970-effect-of-agreement/) - [Code of Civil Procedure (CCP) Section 873.960 – Hearing on Referee’s Report](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-960-hearing-on-referees/) - [Code of Civil Procedure (CCP) Section 873.980 – Relation of Agreement to Other Remedies](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-980-relation-of-agreemen/) - [Code of Civil Procedure (CCP) Section 873.950 – Motion to Confirm, Modify, or Set Aside Report](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-950-motion-to-confirm-mo/) - [Code of Civil Procedure (CCP) Section 873.920 – Contents of Agreement](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-920-contents-of-agreemen/) - [Code of Civil Procedure (CCP) Section 873.930 – Court Approval of Agreement](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-930-court-approval-of-ag/) - [Code of Civil Procedure (CCP) Section 873.940 – Appointment of Referee; Referee’s Report](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-940-appointment-of-refer/) - [Code of Civil Procedure (CCP) Section 873.830 – Setoff in Lieu of Payment of Estate for Life or Years](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-830-setoff-in-lieu-of-pa/) - [Code of Civil Procedure (CCP) Section 873.840 – Treatment of Successive Estates](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-840-treatment-of-success/) - [Code of Civil Procedure (CCP) Section 873.850 – Where Proceeds Have Not Been Allocated Between Parties](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-850-where-proceeds-have/) - [Code of Civil Procedure (CCP) Section 873.910 – Agreement of Parties to Partition by Appraisal](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-910-agreement-of-parties/) - [Code of Civil Procedure (CCP) Section 873.820 – Application of Proceeds of Sale](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-820-application-of-proce/) - [Code of Civil Procedure (CCP) Section 873.810 – Court Order of Disbursement](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-810-court-order-of-disbu/) - [Code of Civil Procedure (CCP) Section 873.790 – Conveyance of the Property](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-790-conveyance-of-the-pr/) - [Code of Civil Procedure (CCP) Section 873.750 – Court Order for Collection of Proceeds and Transfer of Property](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-750-court-order-for-coll/) - [Code of Civil Procedure (CCP) Section 873.760 – Failure of Purchaser to Deliver Proceeds](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-760-failure-of-purchaser/) - [Code of Civil Procedure (CCP) Section 873.770 – Taking Setoff from Party Purchaser](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-770-taking-setoff-from-p/) - [Code of Civil Procedure (CCP) Section 873.780 – Court Authority at Closing](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-780-court-authority-at-c/) - [Code of Civil Procedure (CCP) Section 873.730 – Hearing on Motion](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-730-hearing-on-motion/) - [Code of Civil Procedure (CCP) Section 873.720 – Motion to Confirm or Set Aside Sale](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-720-motion-to-confirm/) - [Code of Civil Procedure (CCP) Section 873.745 – Agents’ Commissions on Sale](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-745-agents-commissions/) - [Code of Civil Procedure (CCP) Section 873.740 – Increased Offers](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-740-increased-offers/) - [Code of Civil Procedure (CCP) Section 873.680 – Conduct of Private Sale](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-680-conduct-of-private/) - [Code of Civil Procedure (CCP) Section 873.710 – Referee's Report of Sale](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-710-referee-s-report/) - [Code of Civil Procedure (CCP) Section 873.690 – Persons Ineligible to Purchase at Sale](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-690-persons-ineligible/) - [Code of Civil Procedure (CCP) Section 873.650 – Contents of the Notice of Sale](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-650-contents-of-the-noti/) - [Code of Civil Procedure (CCP) Section 873.640 – Notice of Sale](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-640-notice-of-sale/) - [Code of Civil Procedure (CCP) Section 873.670 – Conduct of Sale at Public Auction](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-670-conduct-of-sale/) - [Code of Civil Procedure (CCP) Section 873.660 – Sale of Perishable Property and Security](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-660-sale-of-perishable/) - [Code of Civil Procedure (CCP) Section 873.630 – Credit Sales of Property](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-630-credit-sales-of-prop/) - [Code of Civil Procedure (CCP) Section 873.620 – Sale of Property Separately Or As a Unit](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-620-sale-of-property-sep/) - [Code of Civil Procedure (CCP) Section 873.610 – Manner, Terms, and Conditions of the Sale](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-610-manner-terms-and-con/) - [Code of Civil Procedure (CCP) Section 873.530 – Determination of Partial Public Auction or Private Sale](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-530-determination-of-par/) - [Code of Civil Procedure (CCP) Section 873.520 – Determination of Public Auction or Private Sale](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-520-determination-of-pub/) - [Code of Civil Procedure (CCP) Section 873.510 – Sale by Referee](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-510-sale-by-referee/) - [Code of Civil Procedure (CCP) Section 873.600 – Court Order of Sale](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-600-court-order-of-sale/) - [Code of Civil Procedure (CCP) Section 873.290 – Confirming, Modifying, or Setting Aside the Report and Entry of Judgment](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-290-confirming-modifying/) - [Code of Civil Procedure (CCP) Section 873.280 – Proceedings of Referee](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-280-proceedings-of-refer/) - [Code of Civil Procedure (CCP) Section 873.270 – Combined Interests of Unknown Parties and Remaining Undivided](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-270-combined-interests-o/) - [Code of Civil Procedure (CCP) Section 873.260 – Lien on Undivided Interest](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-260-lien-on-undivided-in/) - [Code of Civil Procedure (CCP) Section 873.240 – Division by Lots or Parcels](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-240-division-by-lots-or/) - [Code of Civil Procedure (CCP) Section 873.230 – Allotment of Property Previously Conveyed to Purchaser](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-230-allotment-of-propert/) - [Code of Civil Procedure (CCP) Section 873.250 – Owelty](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-250-owelty/) - [Code of Civil Procedure (CCP) Section 873.160 - Liability of Referee](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-160-liability-of-referee/) - [Code of Civil Procedure (CCP) Section 873.210 – Division by Referee](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-210-division-by-referee/) - [Code of Civil Procedure (CCP) Section 873.220 – Allotment of Improvements](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-220-allotment-of-improve/) - [Code of Civil Procedure (CCP) Section 873.130 - Referee Appointed Surveyor](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-130-referee-appointed-su/) - [Code of Civil Procedure (CCP) Section 873.140 - Referee Appointed Auctioneer](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-140-referee-appointed-au/) - [Code of Civil Procedure (CCP) Section 873.150 - Interest on Unpaid Contracts for Services from Third Persons](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-150-interest-on-unpaid-c/) - [Code of Civil Procedure (CCP) Section 873.080 - Designation of Public and Private Ways](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-080-designation-of-publi/) - [Code of Civil Procedure (CCP) Section 873.070 - Petition For Instructions](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-070-petition-for-instruc/) - [Code of Civil Procedure (CCP) Section 873.120 - Referee Appointed Attorney](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-120-referee-appointed-at/) - [Code of Civil Procedure (CCP) Section 873.110 - Services of Third Persons](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-110-services-of-third-pe/) - [Code of Civil Procedure (CCP) Section 873.040 - Consent of All Parties](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-040-consent-of-all-parti/) - [Code of Civil Procedure (CCP) Section 873.060 - General Authority of the Partition Referee](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-060-general-authority-of/) - [Code of Civil Procedure (CCP) Section 873.050 - Persons Ineligible to Be a Referee](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-050-persons-ineligible-t/) - [Code of Civil Procedure (CCP) section 873.010 - Referee Appointment and the Court’s Power and Duties](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-010-referee-appointment/) - [Code of Civil Procedure (CCP) Section 873.020 - Appointment of More Than One Referee for Partial Division and Sale](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-020-appointment-of-more/) - [Code of Civil Procedure (CCP) Section 873.030 - Appointment of Three Referees](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-873-030-appointment-of-three/) - [Code of Civil Procedure (CCP) section 872.820 - Partition by Sale](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-872-820-partition-by-sale/) - [Code of Civil Procedure (CCP) section 872.840 - Property Subject to Express Trust and Duty of Trustee](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-872-840-property-subject-to/) - [Code of Civil Procedure (CCP) Section 872.830 - Partial Division and Sale](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-872-830-partial-division-and/) - [Code of Civil Procedure (CCP) section 872.730 - Partition Application to Partnerships](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-872-730-partition-applicatio/) - [Code of Civil Procedure (CCP) section 872.810 - Property Division in Accordance with Interests](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-872-810-property-division-in/) - [Code of Civil Procedure (CCP) Section 872.710 - Right of Plaintiff to Partition](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-872-710-right-of-plaintiff-t/) - [Code of Civil Procedure (CCP) Section 872.720 - Interlocutory Judgment](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-872-720-interlocutory-judgme/) - [Code of Civil Procedure (CCP) section 872.630 - Status and Priority of Liens](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-872-630-status-and-priority/) - [Code of Civil Procedure (CCP) Section 872.620 - State of the Title](https://underwood.law/practice-areas/partition-actions/partition-statutes/code-of-civil-procedure-ccp-section-872-620-state-of-the-title/) ## Lawyers - [Elijah Underwood](https://underwood.law/lawyers/elijah-underwood/): Elijah Underwood is the founder of Underwood Law Firm, P.C., where the firm’s focus is partition actions, partnership disputes, and real estate law. Before founding the firm, Eli was a partner at another general practice firm, which he left to open this boutique partition firm. - [Frank Russell](https://underwood.law/lawyers/frank-russell/): Frank L. Russell’s practice experience encompasses a diverse range of legal areas, including commercial litigation, wills and trusts, matrimonial law, partnerships, shareholder derivative litigation, and real estate law. - [Bennet Cinkle](https://underwood.law/lawyers/bennet-cinkle/): Bennet is an attorney here at Underwood Law Firm, P.C., where she focuses on partition actions and real property disputes. She represents clients throughout California, guiding them through each stage of the partition process, from initial pleadings and interlocutory judgment to referee appointments and court-supervised sales. - [Sebastian Gold](https://underwood.law/lawyers/sebastian-gold/): Sebastian Gold is an attorney at the firm, where he assists clients with partition actions and civil litigation. Sebastian graduated with a Juris Doctor from California Western School of Law in 2025. While at California Western, Sebastian was a member of the San Diego Family Law Bar Association and worked at a family law firm as a law clerk, and then an attorney, until joining Underwood Law Firm. Prior to that, Sebastian received his Bachelor's degree in Political Science - Data Analytics from University of California - San Diego in 2020, and was a member of Phi Alpha Delta, a professional pre-law fraternity. Sebastian is originally from Los Angeles, California, and is fluent in Spanish. In his free time, Sebastian enjoys the beach and hiking throughout San Diego. - [Abel Edens](https://underwood.law/lawyers/abel-edens/): Abel Edens is a lawyer with the firm, where he assist the firm’s clients with partition actions, real estate matters, and civil litigation. - [Matthew Ramirez](https://underwood.law/lawyers/matthew-ramirez/): Matthew Ramirez is a lawyer with the firm, where he assists the firm’s clients with partition actions, real estate matters, and civil litigation. ## Staff Profiles - [Serena Rico](https://underwood.law/staff-profiles/serena-rico/): Serena Rico is the firm’s COO and Administrator. She brings more than 20 years of experience in law firms and business management. - [Helene Farber](https://underwood.law/staff-profiles/helene-farber/): Helene J. Farber has been a practicing California attorney for over 20 years. Her range of experience includes everything from criminal defense to real estate, business, employment and landlord tenant law. - [Daphne Carrillo](https://underwood.law/staff-profiles/daphne-carrillo/): Daphne Carrillo is an attorney at the firm, where she assists clients with civil litigation and partition actions.   Daphne graduated with a Juris Doctorate from Loyola Marymount University – Loyola Law School in 2025. While at Loyola Law, Daphne competed on the Hispanic National Bar Association Moot Court Team and served as a board member for the Scott Moot Court Honors Board.   Previously, Daphne received her bachelor’s degree in Political Science and Intelligence & National Security from the University of Kansas in 2022.    Daphne is originally from McPherson, Kansas. In her free time, she enjoys playing soccer and watching college basketball. Daphne is fluent in Spanish. - [John Kim](https://underwood.law/staff-profiles/john-kim/): John Kim is a law school graduate pending bar admission here at Underwood Law, where he assists in the representation of clients in partition actions, real estate disputes, and civil litigation - [Olivia Sarko](https://underwood.law/staff-profiles/olivia-sarko/): Olivia is a 2L at the University of San Diego School of Law. Prior to law school she attended the University of Oregon where she graduated with a Bachelor of Arts with a major of political science and a minor of legal studies. She is originally from San Ramon, California and in her free time she enjoys reading and spending time with family and friends. - [Jennifer Brito](https://underwood.law/staff-profiles/jennifer-brito/): Jennifer Brito, a native of Orange County, is a dedicated Paralegal at our firm. She plays an integral role in our team, working closely with attorneys and fellow paralegals to ensure that every client’s case is meticulously prepared for presentation. - [Karla Alvarez](https://underwood.law/staff-profiles/karla-alvarez/): Karla is a paralegal with the Underwood Law Firm, P.C. Previously, she became a lawyer after studying at Pontifical Bolivarian University in Colombia, where she demonstrated a passion for academic excellence and service. - [Claire Brett](https://underwood.law/staff-profiles/claire-brett/): Claire studied law at the University of Johannesburg, and then practiced general law for several years after being admitted as an attorney to the High Court of South Africa. Claire used this time to hone her skills in various types of law, while becoming well versed in client relations and all the administrative aspects of dealing with a busy law office. - [Allyson Hamilton](https://underwood.law/staff-profiles/allyson-hamilton/): Allyson Hamilton is the Director of Client Services at the Underwood Law Firm. Allyson oversees client intake procedures and client relations, handles data analysis, and contributes to the firm’s networking and marketing efforts. - [Tania Moreno](https://underwood.law/staff-profiles/tania-moreno/): Tania is a Client Liaison at Underwood Law Firm, where she plays a crucial role in client relations and case intake procedures. With a background in quality analysis and training, Tania brings a meticulous eye for detail and a passion for helping clients navigate their legal journeys. Before joining the firm, Tania worked with top companies in quality assurance and training, refining her skills in customer service and client support. Tania holds a deep appreciation for diverse cultures and values adaptability, which enriches her approach to client interaction. - [Lloyd Cruz](https://underwood.law/staff-profiles/lloyd-cruz/): Lloyd joined the firm in September as an Intake Specialist. Prior to joining the firm, Lloyd has performed client-facing roles in various sectors including healthcare, insurance, banking, and legal funding.