Scott Talkov

Abandoned Property Partition Action: What to Do When a Co-Owner Walks Away

A co-owner who abandons a property in California does not lose their ownership rights, but their absence often creates financial strain that can be resolved through a partition action.  When one co-owner stops contributing, the remaining co-owner is often left covering the mortgage and upkeep alone. This situation is common among unmarried couples, family members, … Read More

Can You Force a Co-Owner to Buy Your Share?

When co-owners of real estate decide to go their separate ways, a buyout is often the first solution discussed. One party keeps the property and pays the other for their share. However, this only works if the co-owner has the financial ability and is willing to follow through. When the buyout does not happen, many … Read More

What Happens When a Co-Owner Refuses to Communicate About Sale or Buyout? (Partition Actions)

When a co-owner refuses to communicate about selling jointly owned property, California law allows you to force a resolution through a partition action. For the co-owner seeking a resolution, this lack of response can feel like being trapped in a situation with no clear path forward. Why Co-Owners Refuse to Communicate It is common for … Read More

Does a No Contest Clause in a Trust Prevent a Partition?

When a trust beneficiary co-owns inherited property with other beneficiaries, disputes over the property are common. One question that frequently arises is whether a beneficiary who files a partition action to force the sale or division of that property risks triggering a no contest clause buried in the trust. The short answer is: almost certainly … Read More

Co-Owner Can’t Force You to Pay Their Capital Gains Tax in a Partition Sale

Among the more creative arguments in partition action cases is the idea that one co-owner should pay the capital gains taxes of the other co-owner. When co-owned property is sold, especially in a partition action, disputes often arise over who gets what, known as a partition accounting. Usually, these claims about accounting relate to unequal … Read More

Family Code § 2108 – Is a Partition Action the Better Option?

Co-ownership with a divorcing couples presents a challenge to force the sale of a property when a co-owner wants out due to the high burden of Family Code § 2108. This is where a partition action often becomes the more powerful legal tool. What Does Family Code Section 2108 Do? California Family Code Section 2108 … Read More

Amundson v. Catello (2025) – Can Heirs Force a Partition Sale?

The recent decision in Amundson et al. v. Catello (2025) 111 Cal.App.5th 817 serves as an important reminder that not everyone who expects to own property has the legal right to bring a partition action. Background of the Case In Amundson, siblings of a decedent sought to partition real property that was still subject to … Read More

How To File a Partition Action in California

When co-owners of real estate in California can no longer agree on what to do with a property, a partition action allows one or more owners to force the sale of jointly owned property through the court. Partition actions are common when siblings inherit property, unmarried couples buy homes together, or investors disagree about whether … Read More

Spouse Won’t Sell an Inherited House in California

When a spouse inherits a fractional interest in a house from their family, disagreements can arise within the marriage about what should happen to the co-owned property. One spouse may want to sell the inherited home and use the money to move or invest elsewhere, while the spouse who inherited the property may want to … Read More

Sibling Rivalries and Co-Ownership Partition Actions: When Family Heirlooms Become Legal Disputes

When siblings inherit a house together, the property is often more than a set of walls and a roof. It is the last place everyone remembers Mom cooking holidays, the hallway where Dad used to stand telling stories, and the backyard where the older brother taught the younger brother how to throw a ball. But … Read More

Talkov Law is Rated 5 out of 5 stars based on 169 reviews

Contact Us Today for a Free Consultation

For select matters, payment can be deferred until resolution, with monthly billing also available.

Awards and Recognition

We Have Been Featured On:

Offices Throughout California

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

Orange County Partition Attorneys
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800

San Jose Partition Attorneys
99 S. Almaden Blvd Suite 600
San Jose, CA 95113
Phone: (408) 777-6800

San Diego Partition Attorneys
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300

San Francisco Partition Attorneys
50 California St, Ste 1500
San Francisco, CA 94111
Phone: (415) 966-3300

Riverside Partition Attorneys
3610 Central Ave, Ste 400
Riverside, CA 92506
Phone: (951) 888-3300

Sacramento Partition Attorneys
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300

The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.