In any legal setting, if parties are able to come to an agreement before or during litigation, everyone wins. In the context of co-ownership disputes, this is equally true. With over 100 partition actions currently pending throughout California, Talkov Lawβs dedicated partition attorneys have helped to solve co-ownership disputes with hundreds of co-owners. While some opposing parties are amenable … Read More
Co-owners of real estate are always hoping to reduce the cost of a partition, which is a lawsuit that attempts to divide co-owned property, generally by forcing a sale and division of the proceeds. On October 31, 2023, the National Association of Realtors and large residential brokerages were found liable for about $1.8 billion in … Read More
The Uniform Partition of Heirs Property Act (UPHPA) was a law that was enacted January 1, 2022. It was originally introduced into California’s legislature as Assembly Bill No. 633 and was signed by Governor Gavin Newsom signed in July 2021. The UPHPA provided defendants in a partition action added opportunities to buy out their co-owners. … Read More
Co-owners frequently ask our partition attorneys how to calculate their share of money that will be paid in a partition action. As experienced partition attorneys, we can guide you through the process of calculating your equity in a co-owned property in California. First, Determine the Value of the Entire Property The first step to calculate … Read More
Owning a vacation property can be a dream come true for owners of real property. That dream can quickly devolve into a nightmare if you own that vacation home with an uncooperative co-owner, however. Indeed, many families buy a vacation property together. However, as the years go by, relationships can become strained through life, death, … Read More
Access Rights to Jointly Owned Property A common issue with co-ownership is whether the co-owners can allow third parties to move into the property as roommates. For example, perhaps your co-owner decides to rent out an extra room. Or perhaps they allow their boyfriend or girlfriend to move in. Or maybe they allow an unwanted family member … Read More
A partition action may begin with a complaint filed with the court, but it often ends with a negotiated out-of-court, settlement. With over Β partition actionsΒ currently pending throughout California, Talkov Lawβs dedicatedΒ partition attorneysΒ have worked with hundreds of co-owners. Most partition actions handled by Talkov Law resolve before trial, but settlement usually happens because the lawsuit is … Read More
In California real estate, partitioning a property refers to the legal process of equitably dividing or splitting a jointly owned property among its co-owners. This division is typically pursued when there are disputes, disagreements, or conflicting interests among the co-owners about how the property should be used, managed, or disposed of. Partition actions are often … Read More
If the other real estate co-owners are unwilling to agree on a sale or buyout of your share in a property, you can force a sale by pursuing a partition action. At its core, a partition action is a civil lawsuit initiated by owners of real property desiring to sell against those who resist selling. … Read More
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 βstoppedβ by a party … Read More
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