While cross-complaints for declaratory relief in partition actions can be appropriate for clarifying the rights and duties of parties concerning the property in dispute, their utility may be… Read More

Legal fees in a partition action are generally smaller than the Realtor fees involved in forcing the sale. However, co-owners are wise to make an educated guess of the cost of attorney&rsquo&hell…Read More

California recognizes different forms of property co-ownership, the most common and default of which is tenants in common. California Civil Code 682 recognizes “ownership of propert… Read More

It’s not uncommon for one co-owner to bear the brunt of property taxes, especially in scenarios where one co-owner resides on the property while others do not. An issue arises when thi… Read More

A notice of private sale in a partition action is a required notice that the partition referee is likely to be marketing the property to the public to ensure it sells for fair market value… Read More

When defendants in a partition action ignore the summons and complaint, the plaintiff is entitled to obtain a default judgment ordering that the property be partitioned, usually by a forced… Read More

A partition attorney plays a pivotal role in navigating the intricacies of ending real property co-ownership relationships, offering legal representation and strategic advice to secure a fai… Read More

Talkov Law President Scott Talkov was quoted by California’s leading daily legal publication, the Daily Journal, on the recent national settlement that changes the way that Realtors ar… Read More

The fundamental rule of joint tenancy is the right of survivorship, by which the public learns about the current ownership through a recorded affidavit of death of joint tenant. This article… Read More

The rise of interest rates that started in mid-2022 is a common concern tor co-owners considering a partition action to end their co-ownership of real property. This is because co-owner buyo… Read More

Utilizing an escrow may prove to be a cost-effective way to complete a co-owner buyout as the resolution to a co-ownership dispute. The role of using an escrow company during a real estate t… Read More

No. A common misconception is that a majority of the ownership interests are needed for a court to compel the sale of a jointly-owned property in a partition. This belief is entirely incorre… Read More

Co-owners are often unsure how assertive they need to be to force the sale or buyout of their jointly owned property. Usually, the lack of cooperation of the other co-owners and the monetary… Read More

One of the most common reasons that a partition action is filed is because a co-owner who was previously in a relationship with their other co-owner now wants to sell the house, but their ex… Read More

While the simple answer is “yes,” the reality of a Realtor serving as a partition referee for a partition action is nuanced and warrants a deeper understanding of the pros and co… Read More

A TIC agreement, short for tenants in common agreement, is becoming a popular method for co-ownership in California, often converting a single property into a townhome with multiple units oc… Read More

The threat of foreclosure poses a significant challenge for homeowners facing financial hardship and particular difficulty when a co-owner may be engaged in an active partition action. Amids… Read More

Whether parties agree or disagree, a co-owner can be removed from title. If the parties reach an agreement, usually involving a payment, a co-owner can transfer their interest by way of a de… Read More

Facing a partition action from a co-owner can be stressful and confusing. It usually means there’s a disagreement on how to handle or sell a property you both own. Partition actions sp… Read More

Whether your property is subject to a partition action or you are transferring ownership through a public sale, a clear and marketable title is essential for a smooth transfer of ownership… Read More

Understanding the responsibilities of co-owners can help you protect yourself in cases where negligent ownership causes injuries to your real property. The general legal principle is that co… Read More

Transferring ownership of a property is a common occurrence in the world of real estate, whether it be through a sale, gift, or inheritance. When a property is transferred from one owner to… Read More

While co-owners have the opportunity to purchase each other’s shares, navigating this path can introduce potential disputes and requires adherence to specific state laws and court proc… Read More

Many deeds convey an interest to three or more co-owners with no indication of the fractional ownership interest of each co-owner. These deeds raise the question of the relative co-ownership… Read More

Knowing the different types of co-ownership is key to understanding property co-ownership. In California, unmarried co-owners frequently hold title in one of two main forms: tenancy in commo… Read More

An unrecorded deed in real estate law introduces uncertainty and potential complications. Recording deeds, such as grant deeds and quitclaim deeds, is a crucial step in establishing and prot… Read More

Courts allow partition actions in California as a legal remedy to resolve co-ownership disputes. In a partition action, the co-owned property is either divided or sold with each co-owner rec… Read More

Co-ownership of property often involves a delicate balance of rights and responsibilities among the owners. However, this equilibrium can be disrupted when one co-owner oversteps their bound… Read More

Courts have repeatedly concluded that the “fairness” defense to partition found in a 1976 case was impliedly rejected by the 1976 legislation declaring in California that “… Read More

Co-owners who disagree about how to use co-owned property often find themselves in toxic co-ownership relationships. Ending the co-ownership relationship via a partition action, or the force… Read More

A notice of ouster is a demand to the co-owner in possession for concurrent possession of the property issued by a tenant out of possession. The law requires that “[t]he written demand… Read More

On Janaury 5, 2024, news broke that reality star Ariana Madix had filed a complaint for partition by sale against long-term (ex) boyfriend Tom Sandoval. The Vanderpump Rules couple owns a… Read More

Real property, in the realm of real estate law, constitutes the foundation of partition actions and other countless legal disputes and litigation. Understanding the intricacies of real prope… Read More

California is slowly allowing remote online notarization, first through notaries from states that allow online notarization, then eventually through online notarization performed by Californ… Read More

The law allows any co-owner to remove another co-owner on the property title with or without their agreement through a deed, a quiet title action, or partition action. By Agreement &ndash&hell…Read More

Effective January 1, 2024, California has instituted new mandatory early discovery disclosures in all civil cases by way of California Code of Civil Procedure (CCP) 2016.090. This article ou… Read More

Joint Tenancy with Right of Survivorship A joint tenancy is a type of co-ownership in California wherein all parties own equal shares of a property. A property owned by joint tenants is … Read More

Generally, no, it is not best to informally notify your co-owner that you have hired an attorney to file a lawsuit for partition of the co-owned real property. The general reason that co… Read More

The leading treatise on California real estate law, Miller & Starr, explains that: “All conflicting claims existing between the parties and arising out of their relationship as cot… Read More

Co-ownership disagreements can easily boil over when multiple parties own real property, especially when one party has taken out loans without the consent of their co-owner(s). The remaining… Read More

The $1.8b judgment in the Sitzer/Burnett Realtor commission class action lawsuit in Missouri federal court will change California real estate forever in ways that will benefit real estate at… Read More

California Civil Code 843 is the California partition statute that addresses concurrent ownership, ouster, and damages related thereto in a partition action. The statute provides that: (… Read More

How Long Does It Take to Partition a Property? A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. The most signifi… Read More

An assumable mortgage is one where the buyer assumes the existing mortgage of the seller. When the mortgage is assumed, the seller is often no longer responsible for the debt. As it relates… Read More

There are countless reasons that a co-ownership relationship may be coming to end. Perhaps a romantic relationship between co-owners has ended, but both parties are still on title. Maybe sib… Read More

Deciding who to name in a partition complaint can be daunting for litigants and partition attorneys. California Code of Civil Procedure 872.510 provides as follows: “The plaintiff s… Read More

How to Force Your Co-owner to Settle a Partition Action by Threatening to Recover the Costs of Partition Co-owners in a partition action can harness the power of a 998 offer by threatenin… Read More

An investment property with tenants can be partitioned, but some unique issues can arise during a partition of a tenant-occupied property. These cases can involve rented single-family homes… Read More

California Probate Code § 9823 is the California partition statute that addresses the relation between partition actions and probate matters. The statute provides that: (a) If the d… Read More

Co-owner often seek to recover their unequal payments relating to the repairs and improvements to the co-owned property in a partition action. While the law sometimes conflates repairs and i… Read More

Throughout the course of a partition action, there may come a time when the appointment of a receiver is requested by one of the co-owners. While some parties use the term receiver to mean a… Read More

Any co-owner of real property in California can file a partition action, regardless of the size of their ownership interest. Put simply, if someone owns a mere 1% of a property, they can fil… Read More

Litigation often causes parties to be tempted to speak with one another, perhaps under the belief that the lawyers are causing all of the conflicts and that direct communication will solve t… Read More

In California real estate litigation a demurrer is proper where: “The pleading does not state facts sufficient to constitute a cause of action.” Code Civ. Proc. § 430.10(e)… Read More

While it is possible for a co-owner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally. It is important to remember that the law as to a &ldqu&hell…Read More

Different types of land can bring different challenges in a partition action. Agricultural land is no exception. This is especially true given the diverse agricultural industries throughout… Read More

In any legal setting, if parties are able to come to an agreement before or during litigation, everyone wins. In the context of co-ownership disputes, this is equally true. With over 100… Read More

The Uniform Partition of Heirs Property Act (UPHPA) was a law that was enacted January 1, 2022. It was originally introduced into California’s legislature as Assembly Bill No. 633 and… Read More

Co-owners frequently ask our partition attorneys how to calculate their share of money that will be paid in a partition action. As experienced partition attorneys, we can guide you through t… Read More

Co-owners of real estate are always hoping to reduce the cost of a partition, which is a lawsuit that attempts to divide co-owned property, generally by forcing a sale and division of the pr… Read More

Co-owners of real estate are always hoping to reduce the cost of a partition, which is a lawsuit that attempts to divide co-owned property, generally by forcing a sale and division of the pr… Read More

Owning a vacation property can be a dream come true for owners of real property. That dream can quickly devolve into a nightmare if you own that vacation home with an uncooperative co-owner… Read More

How Long Does It Take to Partition a Property? A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. Different factor… Read More

Access rights to jointly owned property A common issue with co-ownership is whether the co-owners can allow third parties to move into the property as roommates. For example, pe… Read More

A partition action may begin with a complaint filed with the court, but it often ends with a negotiated out-of-court, settlement. With over 100 partition actions currently pendi… Read More

In California real estate, partitioning a property refers to the legal process of equitably dividing or splitting a jointly owned property among its co-owners. This division is typically pur… Read More

If the other real estate co-owners are unwilling to agree on a sale or buyout of your share in a property, you can force a sale by pursuing a partition action. At its core, a partition ac… Read More

How to Stop a Partition Action Generally, the right to a partition action is absolute, meaning that the right to partition a property is achievable by any co-owner, no matter how small or… Read More

Many co-owners with a minority interest in a property assume they have minimal rights. Fortunately for minority co-owners of property, they have many rights. Your Rights as a 33% Propert… Read More

In California, most people consider initiating a partition action when there is a disagreement between joint owners of a property or one co-owner is looking to end the co-ownership arrange… Read More

It is important to find the right attorney to represent you in a partition action. Indeed, co-owners in a partition action almost universally want the same thing: The best result in the leas… Read More

As there is with all decisions, there are upsides and downsides to a partition action. Partition actions can be a complicated process and there are many benefits and challenges to this legal… Read More

Each partition action presents unique challenges. However, all partition actions start with a complaint for partition, sometimes known as a petition to partition property, which is usually a… Read More

Formerly known as the Uniform Partition of Heirs Property Act The Partition of Real Property Act in California is a newly-implemented law that expands upon the Uniform Partition of Heirs… Read More

Steps to End a Co-Ownership Dispute In a partition action, a co-owner of a property is taking legal action to fairly divide the property among all co-owners of the property. Many co-owner… Read More

Partition actions in California involve the division of property to provide co-owners with their equity in the property. Most properties are single family residences with no surplus land. Hi… Read More

During the partition process, parties are entitled to request that the court divide the proceeds of sale in a manner that includes uneven payments by parties for expenses such as taxes. This… Read More

Affidavit re: Death of Co-Owner [Sample] Co-owning real estate in California comes with many different challenges. If you’re ready to sell but your co-owner refuses, a partition act… Read More

Co-Owner’s Right to Evict Their Co-Owner Co-ownership can present many headaches, including shared expenses, sharing a common space, and, most importantly, agreeing when to sell the… Read More

Can a person move into my jointly owned home without my permission? A common issue with co-ownership is how to manage rented property. Notably, many times only one of the co-owners allows… Read More

Your Rights as a 50% Property Owner Many people in California own property with another person, whether this is by choice (such as purchasing a home with a partner) or not (such as inher… Read More

Tricks To Save Your House in a Partition Action Experienced partition attorneys in California are often asked whether there are affirmative defenses to a partition under California law. Of c… Read More

Other than forcing the sale of the property through an interlocutory judgment under CCP § 872.720, perhaps the most hotly contested issues in a California partition action are the offse… Read More

Sometimes, co-owners wonder if their co-owned property will be sold for fair market value in a partition action, or whether the process will result in a below market sales price. There are m… Read More

Prior to California’s enactment of SB 9, also know as the California HOME Act, a single-family home in a partition action would almost certainly be sold since division of the property… Read More

California Code of Civil Procedure 874.140 is the California partition statute that addresses how a judgment can be collected from a party in a partition action. The statute provides that:… Read More

California Code of Civil Procedure 873.760 is the California partition statute that explains what a party or the partition referee can do in case a purchaser does not follow through with pur… Read More

California Code of Civil Procedure 874.130 is the California partition statute that gives the court the authority to order a judgment for the benefit of lien claimants after a partition. The… Read More

California Code of Civil Procedure 873.040 is the California partition statute that explains that all parties (or if a party is a minor, the conservator of the minor’s estate) should c… Read More

California Code of Civil Procedure 873.750 is the California partition statute that gives the court the authority to order that the partition referee consummate the sale of the property. The… Read More

California Code of Civil Procedure 873.745 is the California partition statute that gives the court authority to fix, limit, or divide agents’ commissions. The statute provides that:… Read More

California Code of Civil Procedure 874.120 is the California partition statute that addresses the cost of a partition action as a lien against a co-owner’s interest in the pr… Read More

California Code of Civil Procedure 874.110 is the California partition statute that explains that costs of a partition action may be ordered to be paid before a final disbursement… Read More

California Code of Civil Procedure 874.050 is the California partition statute that addresses costs of a partition action apportioned to future interests. The statute provides that… Read More

California Code of Civil Procedure 874.030 is the California partition statute that addresses the interest rate on disbursements in a partition action. The statute provides that:… Read More

California Code of Civil Procedure 873.980 is the California partition statute that addresses that the agreement between co-owners to proceed with a partition by appraisal is bindi… Read More

California Code of Civil Procedure 873.970 is the California partition statute that addresses that the agreement between co-owners to proceed with a partition by appraisal is bindi… Read More

California Code of Civil Procedure 873.960 is the California partition statute that addresses the confirmation of the report the partition referee upon transfer of the property in… Read More

California Code of Civil Procedure 873.790 is the California partition statute that addresses the execution of conveyance by the partition referee upon sale of the property in a pa… Read More

California Code of Civil Procedure 873.080 is the California partition statute that gives partition referees the authority to designate a portion of a property as a road or close roads as he… Read More