How to Find the Right Partition Attorney
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 least amount of time with the lowest attorney’s fees. To achieve these goals, look for the following signals that you’ve found the right … Read More
What Are the Pros and Cons of a Partition Action?
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 process. Thus, it is very important to understand both the pros and cons of partition in order to help you determine if partition … Read More
Partition Action Forms [California Template Sample Example]
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 partition by sale. We have provided free online forms for partition actions that should only be used in conjunction with a partition attorney in California. As the … Read More
What is the Partition of Real Property Act in California?
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 Property Act to give non-partitioning parties additional opportunities to buy out their co-owners. Essentially, the Partition of Real Property Act creates a right of first … Read More
What Happens in a Partition Action?
Steps in a Partition Action in California The first step in the partition action process is to file a complaint for partition of real property in the county in which the property is located. A lis pendens, also known as a notice of pendency of action, will then be recorded against the property. The lis pendens will remain … Read More
New Law Allows ADUs to be Sold in Partition Actions (Co-Ownership Disputes) (AB 1033)
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. Historically, that means that an equitable division will almost always result in a sale unless one co-owner buys out the other. However, AB 1033 suggests that some … Read More
What to do When Your Co-Owner Refuses to Pay the Taxes
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 is great news for a co-owner who paid more than their fair share of the property taxes during the co-ownership relationship. Partition Actions … Read More
![What to Do When a Co-Owner Dies in a Partition Action [Form Template Example - Code of Civil Procedure 872.530(b)] Affidavit re Death of Co-Owner.jpg](https://talkovlaw.com/wp-content/uploads/What-do-Do-When-a-Co-Owner-Dies-in-a-Partition-Action-Form-Template-Example-Code-of-Civil-Procedure-872.530b-Affidavit-re-Death-of-Co-Owner.jpg)
What to Do When a Co-Owner Dies During or Before a Partition Action [Form Template Example – Code of Civil Procedure 872.530(b)]
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 action is the only court-ordered way to force the sale of property. Litigants in partition actions may find themselves in the unfortunate situation of having to declare that … Read More
Can You Evict a Co-owner of a House?
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 property. Co-owners might be wondering how to evict a co-owner when there is confusion as to who has the right to live in a co-ownership home. Unfortunately for co-owners … Read More
