Blog - Page 15 of 43 - Talkov Law Partition Attorneys

Can a Partition Action Be Stopped in California?

How to Stop a Partition Action Generally, the right to a partition action is absolute, meaning that the right to partition a property is achievable by any co-owner, no matter how small or large their interest in the property may be. Once filed with the courts, a partition action cannot be “stopped” by a party … Read More

I Own 33% of a Property. What Are My Rights?

Many co-owners with a minority interest in a property assume they have minimal rights. Fortunately for minority co-owners of property, they have many rights. Your Rights as a 33% Property Owner When it comes to California partition law, a minority co-owner in California real estate has the right to force the sale through a partition … Read More

When Do I Need a Partition Action?

Everything You Need to Know About California Partition Actions

How to Find the Right Partition Attorney

It is important to find the right attorney to represent you in a partition action. Indeed, co-owners in a partition action almost universally want the same thing: The best result in the least amount of time with the lowest attorney’s fees. To achieve these goals, look for the following signals that you’ve found the right … Read More

What Are the Pros and Cons of a Partition Action?

As there is with all decisions, there are upsides and downsides to a partition action. Partition actions can be a complicated process and there are many benefits and challenges to this legal process. Thus, it is very important to understand both the pros and cons of partition in order to help you determine if partition … Read More

Partition Action Forms [California Template Sample Example]

Each partition action presents unique challenges. However, all partition actions start with a complaint for partition, sometimes known as a petition to partition property, which is usually a partition by sale. We have provided free online forms for partition actions that should only be used in conjunction with a partition attorney in California. As the … Read More

What is the Partition of Real Property Act in California?

Formerly known as the Uniform Partition of Heirs Property Act The Partition of Real Property Act in California is a newly-implemented law that expands upon the Uniform Partition of Heirs Property Act to give non-partitioning parties additional opportunities to buy out their co-owners. Essentially, the Partition of Real Property Act creates a right of first … Read More

What Happens in a Partition Action?

Steps in a Partition Action in California The first step in the partition action process is to file a complaint for partition of real property in the county in which the property is located. A lis pendens, also known as a notice of pendency of action, will then be recorded against the property. The lis pendens will remain … Read More

New Law Allows ADUs to be Sold in Partition Actions (Co-Ownership Disputes) (AB 1033)

Partition actions in California involve the division of property to provide co-owners with their equity in the property. Most properties are single family residences with no surplus land. Historically, that means that an equitable division will almost always result in a sale unless one co-owner buys out the other. However, AB 1033 suggests that some … Read More

What to do When Your Co-Owner Refuses to Pay the Taxes

During the partition process, parties are entitled to request that the court divide the proceeds of sale in a manner that includes uneven payments by parties for expenses such as taxes. This is great news for a co-owner who paid more than their fair share of the property taxes during the co-ownership relationship. Partition Actions … Read More