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
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
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
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
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
One of the most common reasons a co-owner refuses to cooperate with a sale is simple: they are already getting what they want. If your co-owner is living in the property, they may have little incentive to sell or buy you out. In fact, they may actively delay, obstruct, or ignore your requests in hopes … Read More
When co-owners of real estate cannot agree on what to do with the property, a court may order a partition by sale to ensure each owner receives their fair share. The person responsible for carrying out that sale is the partition referee, a neutral professional appointed by the court to handle everything from hiring a … Read More
Owning real estate in California can create significant financial opportunity — and significant tax complexity. Whether the property is a residence, rental, inherited asset, or co-owned investment, multiple layers of taxes may apply at different stages of co-ownership. For co-owners in particular, taxes often become critically important when a dispute arises, a buyout is negotiated, … Read More
Owning a house with someone is hard enough when you can talk, negotiate, and sign paperwork together. But when the co-owner is incarcerated, normal solutions often grind to a halt—refinancing stalls, sale decisions get vetoed, and even basic issues like repairs and improvements or rental management turn into disputes. In California, incarceration does not erase … Read More
Inheriting a home can feel like a blessing, but it often turns into a nightmare when one family member refuses to cooperate. A common problem occurs when a sibling or relative moves into the inherited home, refuses to sell, and doesn’t contribute to property expenses. Meanwhile, the other heirs are left paying taxes, insurance, and … Read More
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