In California real estate litigation a demurrer is proper where: βThe pleading does not state facts sufficient to constitute a cause of action.β Code Civ. Proc. Β§ 430.10(e). Indeed: βA general demurrer may be effective where there appears to be no legal authority for plaintiff’s claim.β Demurrers, Cal. Prac. Guide Civ. Pro. Before Trial Ch. … Read More
While it is possible for a co-owner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally. It is important to remember that the law as to a “waiver” of the right to partition limits the co-owner’s free alienability in their contractual rights. Because of this, California courts … Read More
Different types of land can bring different challenges in a partition action. Agricultural land is no exception. This is especially true given the diverse agricultural industries throughout California, producing nearly $50 billion in revenue in 2018 alone, shown below: Unique Aspects of Agricultural Partition Actions Due to the unique nature of farmland and the variation … Read More
In any legal setting, if parties are able to come to an agreement before or during litigation, everyone wins. In the context of co-ownership disputes, this is equally true. With over 100 partition actions currently pending throughout California, Talkov Lawβs dedicated partition attorneys have helped to solve co-ownership disputes with hundreds of co-owners. While some opposing parties are amenable … Read More
Co-owners of real estate are always hoping to reduce the cost of a partition, which is a lawsuit that attempts to divide co-owned property, generally by forcing a sale and division of the proceeds. On October 31, 2023, the National Association of Realtors and large residential brokerages were found liable for about $1.8 billion in … Read More
The Uniform Partition of Heirs Property Act (UPHPA) was a law that was enacted January 1, 2022. It was originally introduced into California’s legislature as Assembly Bill No. 633 and was signed by Governor Gavin Newsom signed in July 2021. The UPHPA provided defendants in a partition action added opportunities to buy out their co-owners. … Read More
Co-owners frequently ask our partition attorneys how to calculate their share of money that will be paid in a partition action. As experienced partition attorneys, we can guide you through the process of calculating your equity in a co-owned property in California. First, Determine the Value of the Entire Property The first step to calculate … Read More
Owning a vacation property can be a dream come true for owners of real property. That dream can quickly devolve into a nightmare if you own that vacation home with an uncooperative co-owner, however. Indeed, many families buy a vacation property together. However, as the years go by, relationships can become strained through life, death, … Read More
Access Rights to Jointly Owned Property A common issue with co-ownership is whether the co-owners can allow third parties to move into the property as roommates. For example, perhaps your co-owner decides to rent out an extra room. Or perhaps they allow their boyfriend or girlfriend to move in. Or maybe they allow an unwanted family member … Read More
A partition action may begin with a complaint filed with the court, but it often ends with a negotiated out-of-court, settlement. With over 180Β partition actionsΒ currently pending throughout California, Talkov Lawβs dedicatedΒ partition attorneysΒ have worked with hundreds of co-owners. Based on years of experience, our partition lawyers estimate that 98% of ourΒ partition actionsΒ settle before trial. Of the … Read More
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