With the federal government shutting down from time to time, many property owners are asking whether this will affect partition actions in California. Partition is the legal process that allows a co-owner to force the sale or division of real estate, so it’s understandable to worry about possible court delays. The good news is that … Read More
Recessions don’t just impact Wall Street — they directly affect when and how co-owners should file a partition action. In uncertain economic times, many co-owners wonder: Does a recession affect my ability to file a partition action? The answer depends on several economic factors, including real estate values, interest rates, inflation, and mortgage obligations. Let’s … Read More
As California’s first, most popular, and fastest partition law firm, we are often asked how long a partition will take. Talkov Law generally completes partitions in an average of just 7 months to obtain a settlement or judgment of partition, which is followed by a sale or refinance- all without a trial. Other firms lacking … Read More
Within the law of California real estate co-ownership, among the most common myths in joint tenancy is that an oral agreement can establish prevent the joint tenancy from being severed. California law is clear: it cannot. The same is true for the creation of a joint tenancy. This issue is critical as many joint tenants … Read More
The enactment of the Partition of Real Property Act has introduced an interesting legal question regarding whether a waiver of partition may be implied when tenants in common are subject to the Act. This issue is particularly relevant given that partition rights are generally considered absolute unless expressly waived by an enforceable agreement. The Partition … Read More
When co-owners of real estate can no longer agree on how to manage, use, or sell a property, a partition action becomes the legal solution to resolve the dispute. One of the most common outcomes of a partition action is a partition by sale, where the property is sold, and the proceeds are divided among … Read More
Californians with a deceased co-owner can force the sale of the property without going through probate by filing a partition action. In California, the court can proceed with the partition by joining the deceased co-owner’s representative or successor, or simply their estate if their is no representative. This ensures that the property can be sold … Read More
California law is clear: a life estate must be in writing to be legally enforceable. In California, real estate transactions conveying ownership interests must follow strict legal requirements, particularly when it comes to life estates. Some property owners mistakenly believe that someone can transfer a life estate through a verbal agreement, but this is not … Read More
For many co-owners facing a partition action, the idea of a court-appointed partition referee can seem intimidating. Some fear that a referee will unfairly take sides, undervalue the property, or create unnecessary delays in the sale process. In reality, partition referees are intended to be neutral professionals whose primary role is to ensure a fair … Read More
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
For select matters, payment can be deferred until resolution, with monthly billing also available.
Offices Throughout California
Los Angeles Partition Attorneys
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
Orange County Partition Attorneys
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800
San Jose Partition Attorneys
99 S. Almaden Blvd Suite 600
San Jose, CA 95113
Phone: (408) 777-6800
San Diego Partition Attorneys
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300
San Francisco Partition Attorneys
50 California St, Ste 1500
San Francisco, CA 94111
Phone: (415) 966-3300
Riverside Partition Attorneys
3610 Central Ave, Ste 400
Riverside, CA 92506
Phone: (951) 888-3300
Sacramento Partition Attorneys
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300
The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.
