Turlock Partition Lawyers

The City of Turlock was founded on December 22, 1871 by John William Mitchell, a prominent grain farmer. Today, Turlock has a population of 70,000 and prides itself in being a bigger town with a small hometown feel. As a town still growing both residentially and commercially, disputes between co-owners can arise. Generally, the top Turlock Partition Attorneys usually find partition action to be the best remedy for disputing co-owners in four broad categories:

• Split real estate dispute;
• Brother-Sister real estate dispute;
• Investor-Investor real estate dispute; and
• Significant other real estate dispute

The best Turlock Partition Attorneys will be familiar with the partition by sale process. In a partition action where the court determines that the property is to be sold instead of divided, a referee who is appointed by and accountable to the court makes the sale in the manner and procedures provided in the governing statutes. (CCP § 873.510.) This sale is known as a judicial sale (see Potrero Nuevo Land Co. v. All Persons Claiming Interest in the Real Property Described (1916) 29 Cal.App. 743.) Even if a sale is not completely finalized and the purchaser is not yet entitled to the deed until confirmation, the Code of Civil Procedure considers the accepted bid as a sale and the winning bidder a purchaser. (see Dunn v. Dunn (1902) 137 Cal. 51.)

It is important to note that there are restrictions to who may purchase the property. The referee, attorney of a party, and the guardian or conservator of a party may not directly or indirectly purchase the property sold in the action. (CCP § 873.690(a).) Guardian or conservators of a party who act for the benefit of the ward or conservatee are not precluded from this rule however. (CCP § 873.690(a).) This section only applies to partition sales. Sales to interested persons that are made to enforce the lien of a referee, attorney, or guardian ad litem imposed under the partition statutes are allowed. (see Cal. L. Rev. Comm. Comment to CCP § 873.690.) A top Turlock Partition Attorney will be aware of these limitations and rules.

Consequently, sales that are made to ineligible purchasers are void. (CCP § 873.690(b.) However, sales that are made to a bona fide purchaser after a sale to an ineligible purchaser will not be disturbed. (CCP § 873.690(b).) A person who intends to purchase property from a partition sale should consult the best Turlock Partition Attorneys to ensure that they adequately understand the process.

If there are two pending partition actions where the parties in one are not completely the same as the parties in the other, and where one involves real estate and the other involves the personal property on that real estate, an order to sell the real estate and personal property together is void as the court in one action has no power to do so. (see Woodward v. Superior Court of City and County of San Francisco (1892) 95 Cal. 272.)

In cases where the heirs are contesting a deceased cotenant’s interest in probate court and the sale of property is required for an equitable division, the court where the partition action is pending shall make an order of sale so that the rights of the claimants can be determined by the probate court. (see Grant v. Murphy (1897) 116 Cal. 427.)

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