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 cotenants can be adjudicated in the partition action.” Miller & Starr, 4 Cal. Real Est. (4th ed.) § 11:18. California Jurisprudence provides that: “In a suit for partition, … 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 co-owners want to be sure that their equity in the property is still available to them even if their co-owner has encumbrances on the property, including mortgages, … 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 attorneys and California consumers. Notably, the class action case of Christine Grace vs National Association of Realtors (NAR) was filed in California federal court on December 8, … 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: (a) If real property is owned concurrently by two or more persons, a tenant out of possession may establish an ouster from possession by a tenant in possession in … 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 significant factor is whether the partition is being handled by an attorney who practices only in partition law. Other factors include whether court involvement … Read More
California law allows the party filing a partition action to request that the court award their attorney’s fees and costs from the other co-owners. Attorneys fees are most likely to be granted against an uncooperative defendant. These fees are generally paid from the proceeds of sale of the property. In fact, the recovery is not … 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 to co-ownership, the buying co-owner would thus assume the full liability for the mortgage, thereby relieving the selling co-owner. One reason buyers … 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 siblings have inherited a family home but one wants to stay on the property and the other wants their share of their inheritance. Or maybe years … 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 shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from an inspection of … 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 threatening to recover the costs of partition if the other side doesn’t accept the offer. The costs of partition can include partition attorney’s … Read More
For select matters, payment can be deferred until resolution, with monthly billing also available.
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
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