California Partition Attorney Blog

Cross-Complaints for Declaratory Relief in Partition Actions Proper

Are Cross-Complaints for Declaratory Relief Proper in a Partition Action?

While cross-complaints for declaratory relief in partition actions can be appropriate for clarifying the rights and duties of parties concerning the property in dispute, their utility may be limited as to ownership disputes since they are already at issue in every partition. Cross-Complaints in a Partition Action In California, Code of Civil Procedure § 428.10 … Read More

Factors Impacting Cost of a Partition Action in California Lawyer Attorney Law Firm

Factors Impacting Cost of a Partition Action in California

Legal fees in a partition action are generally smaller than the Realtor fees involved in forcing the sale. However, co-owners are wise to make an educated guess of the cost of attorney’s fees in a partition lawsuit. The cost of the partition hinges on several factors, including the extent of disagreement among co-owners, the monetary … Read More

Tenancy in Common California Lawyer Attorney Partition Co-Ownership Law Firm

What is Tenancy in Common?

California recognizes different forms of property co-ownership, the most common and default of which is tenants in common. California Civil Code 682 recognizes “ownership of property by several persons” in these forms: (a) Of joint interest. (b) Of partnership interests. (c) Of interests in common. (d) Of community interest of spouses. This article specifically focuses on tenants in common as the … Read More

My Co-owner is Not Paying the Property Taxes

My Co-owner is Not Paying the Property Taxes

It’s not uncommon for one co-owner to bear the brunt of property taxes, especially in scenarios where one co-owner resides on the property while others do not. An issue arises when this arrangement leads to a disparity in financial contributions for maintenance and obligations tied to the property. Implications of Financial Distress The failure of … Read More

Notice of Private Sale Partition Action California Lawyer Attorney Law Firm

What Does a Notice of Private Sale Mean in a Partition Action?

A notice of private sale in a partition action is a required notice that the partition referee is likely to be marketing the property to the public to ensure it sells for fair market value. Since the word “private” seems to suggest something other than the public marketing as though a backroom deal is occurring, … Read More

How to Get a Default Judgment in Partition Action

How to Get a Default Judgment in Partition Action

When defendants in a partition action ignore the summons and complaint, the plaintiff is entitled to obtain a default judgment ordering that the property be partitioned, usually by a forced sale. Indeed, some co-owners fail to respond to attempts to discuss the use, management, or sale of the property. When this occurs out of court, … Read More

What Does a Partition Lawyer Do?

Partition Lawyers: What do they do?

A partition attorney plays a pivotal role in navigating the intricacies of ending real property co-ownership relationships, offering legal representation and strategic advice to secure a fair and equitable outcome for their clients. If discussions about managing the jointly owned property are not being taken seriously by your co-owner, retaining a partition attorney equips you … Read More

Partiton Referee Receiver California Law Real Estate Lawyer Attorney

Partition Referees in California

Partition referees in California effectuate the court’s judgment that the property should be partitioned, which usually involves a sale of the property. List of Partition Referees in California As the largest partition-only law firm in California, we are regularly asked for recommendations on partition referees in California. California’s most popular partition referees Below is a … Read More

Affidavit of Death of a Joint Tenant (Probate Code § 210)

Affidavit of Death of a Joint Tenant (Probate Code § 210)

The fundamental rule of joint tenancy is the right of survivorship, by which the public learns about the current ownership through a recorded affidavit of death of joint tenant. This article explains joint tenancy and what to do when a joint tenant dies. What is Joint Tenancy? Joint tenancy, also known as joint tenancy with … Read More

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