In California contract law, past consideration cannot form the basis of an enforceable contract. This principle plays a crucial role in real estate and partition disputes, where parties may attempt to retroactively classify a past financial transaction—such as a gift—as a secured loan. This is common in intra-family partitions and ex-boyfriend/ex-girlfriend partitions. Courts have repeatedly … Read More
Partition actions often result in the sale of co-owned property, leaving the court to determine how the proceeds should be distributed among the co-owners. For co-owners interested in reinvesting their share of the proceeds into like-kind property via a 1031 exchange, complications arise when the court or referee holds the funds beyond the sale’s closing … Read More
In a California partition action, the case management conference promotes timely resolution through an open hearing involving the attorneys and judge. Its purpose, as mandated by California Rules of Court, is to facilitate communication among parties and ensure essential issues are exposed early in the litigation process. However, contrary to what many co-owners may believe, … Read More
When co-owners of real estate disagree on what to do with a property, a partition action is often the best legal solution to force a sale. However, disputes become even more complicated when one of the co-owners is a hoarder. A property filled with excessive clutter, debris, or hazardous conditions can significantly reduce market value, … Read More
A property’s title history reveals its ownership trail, liens, and any disputes or irregularities that might affect your rights as the new owner. When purchasing or investing in real property, understanding its title history is crucial. Why is a Property’s Legal Title Important? Legal title is important because Evidence Code § 662 provides that: “The … Read More
California partition lawyers are generally focused on real estate litigation, they must also be knowledgeable in other areas of law that come up in cases including trusts and probate, family law, property tax, agency law, judicial accounting, and damages. This guide provides an overview of the most popular secondary sources to litigation partition actions and … Read More
In California, a partition is an absolute right for co-owners, however, the right can be waived by properly pleading the right has been waived. This article explains what constitutes a valid waiver and how to properly plead it in court when seeking to enforce a partition waiver. What is a Waiver of Partition? In California, … Read More
In California, spouses frequently hold real estate as joint tenants, meaning that if one spouse dies, their interest automatically passes to the surviving spouse by right of survivorship. However, when a marriage dissolves, one spouse may wish to sever the joint tenancy and transfer their half interest to a living trust to ensure the property … Read More
Fractional ownership in real estate can be both an opportunity and a challenge. Whether you inherited a 50% interest in a property or co-own it with a former romantic partner, disputes or differing goals among co-owners often make it difficult to decide the best path forward. While the ideal solution to unlock the full value … Read More
Partition actions are already challenging, but the unexpected death of a co-owner introduces additional complexity. If this happens, your next steps depend on whether the deceased co-owner had an attorney, their ownership structure, and the status of the case. Here’s what to do, including how to handle situations where the co-owner was a trustee of … Read More
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