Legal Question in Real Estate Law in California

Subdividing and gifting real property

My wife's father is in the process of subdividing aprox 3750 sq ft of his 11,000 sq ft property in Oakland, CA for the purpose of gifting the smaller portion to us. Would a Real Estate attorney be able to help with the entire process including subdiving and surveying the property, filing all the necessary paperwork and transfer of ownership? We have not yet decided on whether to sell the vacant lot or build a single family home. If we build we will also need help with a zoning variance and residential design plan.


Asked on 2/02/05, 4:29 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Subdividing and gifting real property

An attorney can help, but there are a lot of things that you can do (at an attorney's direction) that could save you some fees. There is a lot of other expenses to consider a subdivision, such as surveyors, services, maps, etc.

You should get the variance (if needed) for building at the time of the subdivision.

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Answered on 2/02/05, 4:54 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Subdividing and gifting real property

I think you should use an attorney who not only specializes in real estate, but who also does a fair amount of subdivision-related work and has current experience in that area. I believe Mr. Koenen is in the same county (Alameda), is a licensed real-estate broker as well as attorney, and he may be a good choice. Further, if your father-in-law and you haven't already done estate planning, someone should consult a specialist in that area about the gift-tax, etc. aspects of the intended gift.

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Answered on 2/02/05, 5:49 pm


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