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California Partition Attorney Blog

Damages for Ouster California Partition Action Law Attorney

Damages for Ouster in California Partition Actions

Co-ownership of property often involves a delicate balance of rights and responsibilities among the owners. However, this equilibrium can be disrupted when one co-owner oversteps their bounds, leading to a situation termed “ouster.” An ouster occurs when one co-owner unlawfully excludes another from the property, effectively seizing sole benefits of ownership while circumventing its associated … Read More

Fairness Defense Partition California Law Attorney Lawyer

“Fairness” is Not a Defense to Partition

Courts have repeatedly concluded that the “fairness” defense to partition found in a 1976 case was impliedly rejected by the 1976 legislation declaring in California that “the right to partition is absolute.” Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325. The Supposed “Fairness” Defense to Partition Defendants in a partition action may desperately attempt to … Read More

Can a Co-Owner Trespass on Jointly Owned Property?

Co-owners who disagree about how to use co-owned property often find themselves in toxic co-ownership relationships. Ending the co-ownership relationship via a partition action, or the forced sale of jointly owned property, can benefit all co-owners in the long run. However, while the property remains co-owned, it’s not uncommon for issues to arise regarding who … Read More

Notice of Ouster Civil Code § 843 California Partition Lawyer Action Co-Ownership

What is a Notice of Ouster? (Civil Code § 843)

A notice of ouster is a demand to the co-owner in possession for concurrent possession of the property issued by a tenant out of possession. The law requires that “[t]he written demand shall make specific reference to this section [Civil Code § 843] and to the time within which concurrent possession must be offered under … Read More

Ariana Madix vs. Tom Sandoval – Partition Lawyer Analysis

On Janaury 5, 2024, news broke that reality star Ariana Madix had filed a complaint for partition by sale against long-term (ex) boyfriend Tom Sandoval. The Vanderpump Rules couple owns a Los Angeles house together, but split in 2023 when it was revealed that Tom had been having an affair with their castmate Raquel Leviss. … Read More

What is Real Property?

Real property, in the realm of real estate law, constitutes the foundation of partition actions and other countless legal disputes and litigation. Understanding the intricacies of real property is crucial for anyone involved in real estate, whether as property owners, buyers, sellers, or lenders. Defining Real Property Real property, often referred to simply as “real … Read More

Civil Code § 1181.1 - Remote Online Notarization (RON) in California

Civil Code § 1181.1 – Remote Online Notarization (RON) in California

California is slowly allowing remote online notarization, first through notaries from states that allow online notarization, then eventually through online notarization performed by California notaries. This means that California residents while in California can notarize documents online without a paper copy that is shuffled around the state, being lost in the mail or otherwise. Out … Read More

How to Remove Co-Owner from House Title Deed Property Real Estate California

Tricks to Remove Co-Owner from House Title

The law allows any co-owner to remove another co-owner on the property title with or without their agreement through a quiet title action, or partition action, and by a deed with agreement. By Agreement – A Deed from the Co-Owner While it may seem obvious, a co-owner can be removed from the title to the … Read More

California Code of Civil Procedure 2016.090 CCP Initial Disclosures 2024 New Law SB 235

Code of Civil Procedure § 2016.090 (CCP) – Initial Disclosures (2024 New Law)

Effective January 1, 2024, California has instituted new mandatory early discovery disclosures in all civil cases by way of California Code of Civil Procedure (CCP) 2016.090. This article outlines what litigators will need to know to handle their initial disclosure obligations and to use this as an effective tool to resolve disputes, including the partition … Read More

Joint Tenancy in California

Joint Tenancy with Right of Survivorship A joint tenancy is a type of co-ownership in California wherein all parties own equal shares of a property. A property owned by joint tenants is “owned by two or more persons in equal shares, by a title created by a single will or transfer, when expressly declared in … Read More

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