Scott Talkov

Co-Listing as a Solution to Sell Co-Owned Property Disputes

Many co-owners agree that their property should be sold, but end up deadlocked of whose Realtor should be the listing agent. A simple solution is to allow co-listing whereby two listings agents place the property on the market, thereby allowing each co-owner to have an agent they trust handling the sale of the property. This … Read More

Partition Offsets: Two Ways to Recover Taxes and Improvements

Partition actions aren’t just about forcing a sale—they’re your chance to get reimbursed for every dollar you put into the property. When a partition action is filed to sell co-owned property, co-owners are entitled to reimbursement for any amounts they overpaid for the property’s expenses or improvements during their co-ownership period. However, determining which reimbursement … Read More

Selling Inherited Property: Do All Heirs Have to Agree?

Can you sell inherited property if the other heirs say no? Yes—you can. That answer surprises many California heirs. When multiple heirs inherit real estate in California, it’s not uncommon for disagreements to arise—especially when one heir wants to sell the property but others do not. Many co-owners assume that all heirs must unanimously agree … Read More

Partition of Property Co-Owned with Divorcing Couple (Joinder Family Code § 2021)

Co-ownership disputes are complicated when you co-own with a married couple. However, a forced sale of property owned by a third party and a married couple can be addressed 1) through a partition action filed by any co-owner, or 2) through a family law proceeding if the married couple is divorcing, as explained below. Purely … Read More

Will Each Co-owner be Required to Disclose Material Defects About the Property in Partition Action

Will Each Co-Owner be Required to Disclose Material Defects About the Property?

Each co-owner of real property in California is legally required to disclose any known material defects or issues that could affect the value or desirability of the property. This obligation to disclose is not only a legal requirement but also a matter of ethical responsibility to ensure transparency and fairness in real estate transactions. Similarly, … Read More

What Evidence is Necessary When Requesting Partition Referee for Offsets?

What Evidence is Necessary When Requesting Partition Referee for Offsets?

When one co-owner asserts that they have contributed more than their fair share towards property costs, a partition action offers an opportunity to reclaim unequal payments for down payments, repairs, improvements, mortgage payments, taxes, or similar expenditures. California partition law mandates an partition accounting in all such cases and the court appointed referee will compile … Read More

1031 Exchanges in Partition Actions

Partition actions often result in the sale of co-owned property, leaving the court to determine how the proceeds should be distributed among the co-owners. For co-owners interested in reinvesting their share of the proceeds into like-kind property via a 1031 exchange, complications arise when the court or referee holds the funds beyond the sale’s closing … Read More

What is the Purpose of a Case Management Conference in a California Partition Action?

What is a Case Management Conference in a Partition Action?

In a California partition action, the case management conference promotes timely resolution through an open hearing involving the attorneys and judge. Its purpose, as mandated by California Rules of Court, is to facilitate communication among parties and ensure essential issues are exposed early in the litigation process. However, contrary to what many co-owners may believe, … Read More

How to Piece Together a Property's Title History

How to Piece Together a Property’s Title History

A property’s title history reveals its ownership trail, liens, and any disputes or irregularities that might affect your rights as the new owner. When purchasing or investing in real property, understanding its title history is crucial. Why is a Property’s Legal Title Important? Legal title is important because Evidence Code § 662 provides that: “The … Read More

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Los Angeles Partition Attorneys
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300

Orange County Partition Attorneys
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Newport Beach, CA 92660
Phone: (949) 888-8800

San Jose Partition Attorneys
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San Jose, CA 95113
Phone: (408) 777-6800

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San Diego, CA 92130
Phone: (858) 800-3300

San Francisco Partition Attorneys
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San Francisco, CA 94111
Phone: (415) 966-3300

Riverside Partition Attorneys
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Riverside, CA 92506
Phone: (951) 888-3300

Sacramento Partition Attorneys
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Sacramento, CA 95814
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