When multiple people own a property, they typically hold title as either joint tenants or tenants in common. While both forms of co-ownership allow multiple parties to have an interest in the same real estate, their legal rights and what happens when an owner passes away differ significantly. Understanding these differences is crucial, especially when … 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 protecting property rights. A properly recorded deed serves as constructive notice of ownership. However, an unrecorded deed, one not officially documented in the public records, can have … 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 receiving their equitable interest. Some co-owners wonder if a judge can really force the sale of a property they have lived in for years. Further, some … 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 bounds, leading to a situation termed “ouster.” An ouster occurs when one co-owner unlawfully excludes another from the property, effectively seizing sole benefits of ownership while circumventing its associated … 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 “the right to partition is absolute.” Priddel v. ShankieΒ (1945) 69 Cal.App. 2d 319, 325. The Supposed βFairnessβ Defense to Partition Defendants in partition actions may attempt to delay or … 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 forced sale of jointly owned property, can benefit all co-owners in the long run. However, while the property remains co-owned, it’s not uncommon for issues to arise regarding who … 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 shall make specific reference to this section [Civil Code Β§ 843] and to the time within which concurrent possession must be offered under … 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 Los Angeles house together, but split in 2023 when it was revealed that Tom had been having an affair with their castmate Raquel Leviss. … 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 property is crucial for anyone involved in real estate, whether as property owners, buyers, sellers, or lenders. Defining Real Property Real property, often referred to simply as “real … 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 California notaries. This means that California residents while in California can notarize documents online without a paper copy that is shuffled around the state, being lost in the mail or otherwise. Out … Read More
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