California Partition Attorney Blog

The Hidden Dangers of DIY Co-Ownership Settlement Agreements

When co-owners of real estate face disputes, drafting a co-ownership settlement agreement often seems like a logical and cost-effective way to avoid litigation. However, when co-owners draft these agreements without a skilled partition attorney, they unknowingly set themselves up for significant legal and financial risks. The most glaring danger? Trading the straightforward and cost-effective remedy … Read More

Deposition Objections in California: A Guide for Attorneys

Depositions are a critical part of litigation, allowing attorneys to gather testimony and establish facts before trial. In California, however, the rules governing deposition objections are stricter than in the courtroom. Knowing which objections are proper is essential to preserve the record and avoid unnecessary disruptions. Here’s a quick guide to the proper objections at … Read More

Will my Ex Obtain Half the Equity in a Partition?

Will My Ex Obtain Half the Equity in a Partition?

A common misperception in co-ownership of real estate in California is that ex-boyfriends and ex-girlfriends will each get half the proceeds of sale in a partition. This myth is often repeated by exes who put in less than half the money on the property, but want half now that the romantic relationship has ended since … Read More

What Information Should a Co-owner Gather for a Partition Action

What Information Should a Co-owner Gather for a Partition Action

In a partition action, gathering evidence to substantiate improvements or to prove your opposing party wrong is crucial. This evidence can significantly impact the offsets awarded and the credibility of your case. In this article, seasoned partition attorneys at Talkov Law share the variety of evidence that co-owners preparing for a partition may want to … Read More

Overestimation of Contributions in Co-ownership Disputes - Talkov Law

Overestimation of Contribution Bias in Co-ownership

Co-owning property with someone else can feel like a partnership—until it’s time to divide what’s yours. Disputes often arise because people tend to believe they contributed more than their fair share. This isn’t always intentional. It’s often due to something called overestimation of contribution bias, a common psychological tendency where people remember their own efforts … Read More

Down Payment Gifts in Partition Actions

In partition actions, where co-owners seek to divide or sell jointly owned property, the issue of down payment gifts can become a contentious matter. When one party receives a substantial financial gift from their family members or friends, intended to be used as a down payment for their share of the property, it can complicate … Read More

Can I Pick the Realtor in a Partition Action?

Can I Pick the Realtor in a Partition Action?

When a partition action calls for the sale of real property, picking a Realtor is a pivotal step. Co-owners can have an important role in selecting the Realtor, but they do not necessarily have the final authority on who will serve as the property’s Realtor. This article will explore the complexities and strategies surrounding the … Read More

Allocation of Costs of Partition Under the Partition of Real Property Act

Allocation of Costs of Partition Under the Partition of Real Property Act

Partition actions involve dividing co-owned property, which can be a complex and costly legal process. The Partition of Real Property Act in California guides how these costs should be allocated among the co-owners, focusing on fairness and the specific circumstances of each case. This article explores the principles behind the allocation of partition costs and … Read More

Joint Tenancy with a Parent: What Happens When the Parent Decides to Sever the Joint Tenancy?

In California, joint tenancy is a common way for parents and children to co-own property, often with the understanding that the property will automatically transfer to the surviving joint tenant, presumably the child, upon the death of the other, presumably the parent. However, joint tenancies can be severed, and this can cause significant issues when … Read More

Avoiding Double Counting Errors in Partition Actions

Avoiding Double Counting Errors in Partition Actions: A Common Pitfall in Real Estate Dispute Accounting

Partition actions, which resolve disputes between co-owners of real estate, often involve detailed accounting of costs, contributions, and reimbursements. Despite the best efforts of partition attorneys and courts, one common error that can significantly impact the fairness of a partition judgment is the double counting error. This occurs when costs or contributions are improperly included … Read More

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