Blog - Talkov Law

How to Prove Unpaid Rent in a California Partition Action

Proving Unpaid Net Rental Proceeds Collected by a Co-Owner in a California Partition Action Co-owning a property in California can be a profitable arrangement, particularly when it’s rented out. But what happens if one co-owner collects all the rent, perhaps for decades, but refuses to share the income? In a partition action, you may be … Read More

What Information Should a Co-owner Gather to Prove Mortgage Payments for a Partition Action?

Proving Mortgage Payments in a Partition Action Accounting

When co-owned property results in a partition action, the court or partition referee may require evidence of who paid the mortgage to divide the proceeds of sale. This article explains how to meticulously gather and organizing documents, including digital payment records between co-owners, to allow co-owners to present a compelling case to prove and recover … Read More

Selling Inherited Co-Owned Property to Move Out of California

For those who inherit co-owned homes in California, the decision to keep or sell the property is increasingly influenced by the financial benefits of relocating to less expensive areas. In the past few years, Californians have been relocating to states where their money stretches further, thereby improving the quality of life. This article delves into … Read More

owelty law california partition lawyer attorney

What is Owelty in Partition Law?

In California, partition actions often arise when co-owners of a property—whether through inheritance, romantic partnerships, or other joint ownership—decide to divide their shared property. However, dividing a property equally can be challenging, especially when the property’s value is not uniform across its different parts. To address this, California law provides for a mechanism known as … Read More

Quiet Title and Partition Actions for Co-Ownership Disputes

What is a Quiet Title Action Alleging Co-Ownership? Quiet Title in California is under the authority of the California Code of Civil Procedure §760.010 – §764.010. Quiet title actions are one of the most common types of real estate litigation. A quiet title action (also known as action of quiet title) is a lawsuit filed … Read More

How to Sell Property After Co-owner’s Death

When real property is held by a co-owner who has passed away, California law allowed the remaining co-owners to sell property by filing a partition action. This means that co-owners do not need to wait for a probate action to be filed or wait to find out who will be the successor trustee of the … Read More

Should I Stay on the Mortgage of a Co-Owned House?

Co-owning a home can be a practical solution to rising housing costs, but when circumstances change and you want to sell your partial interest in the property, it raises the question: should you agree to stay on the mortgage or should you be removed from the mortgage? This decision requires careful consideration of several factors … Read More

Why is a Partition Action Needed?

A partition is often necessary because joint property ownership can swiftly transform from harmonious cohabitation to contentious disputes. Whether it’s the dissolution of a romantic partnership, irreconcilable differences in investment strategies, or disagreements over property usage, many co-owners find themselves looking for ways to end their co-ownership of real property. In such scenarios, where one … Read More

Does a Partition Action Result in a Jury Trial?

Generally a partition action will not result in a jury trial, but will instead be heard by the judge, because a partition is an equitable action. Talkov Law has handled over partition actions throughout California and has never seen a partition action result in a jury trial. In fact, a partition action handled by an experienced … Read More

I Inherited a House with a Mortgage. Can the Lender Make me Refinance?

Due on Sale Clause Inapplicable Based on Death No. If you inherit a property, or a fractional interest in real estate, there is generally no need to contact the lender to negotiate or otherwise ask for approval to keep paying the loan each month. The commonly believed issue is that the transfer to heirs of … Read More