California Code of Civil Procedure 873.770 is the California partition statute that explains how the partition referee will distribute proceeds of sale when the purchaser is also a party entitled to some of the proceeds of sale, i.e., when credit bidding may be available. The statute provides that: Where the purchaser is a party or … Read More
True Joint Tenancy under Milian v. De Leon (1986) 181 Cal.App. 3d 1185, 1195 Milian v. De Leon is one of the most fascinating cases in California partition actions in that it found that, “once the court in a partition action has determined that a true joint tenancy exists, it may not order reimbursement or contribution … Read More
Talkov Law Corp. is excited to announce that the company headquarters will now be in Newport Beach, California. Our new Orange County office is located at 4000 MacArthur Blvd Ste 655, Newport Beach, CA, 92660. Originally founded in 2020 by Attorney Scott Talkov, Talkov Law has represented hundreds of clients throughout California with their partition … Read More
Real Estate Partition Definition in California A partition action is a court-ordered equitable division of property. When one or more co-owners disagrees on what to do with a co-owned property, a partition action can be started to force the sale of the subject property. This definition of a real estate partition shows how a partition … Read More
What is the anti-heart balm statute in California? California’s anti-heart balm statute is a state law that prevents someone from suing their former romantic partner over a broken promise (or promises) that was to be met on the condition of marriage or during the course of the marriage. These statutes arose due to the common … Read More
California Code of Civil Procedure 873.210 is the California partition statute that describes how the partition referee will physically divide and distribute the property in relation to the parties’ interest in the property. The statute states: The referee appointed by the court to make a division of the property shall divide the property and allot … Read More
Can heirs property be sold in California under the Uniform Partition of Heirs Property Act? Many people mistakenly believe that the Uniform Partition of Heirs Property Act prevents a property from being sold, but this isn’t the case. The Uniform Partition of Heirs Property Act in California gives non-partitioning parties (those who did not file … Read More
Talkov Law’s President Scott Talkov was recently quoted by The Real Deal Los Angeles on his legal opinions about conflicts arising from the sale of one of the most expensive homes in history. Known as “The One,” the 105,000 square foot mega-mansion in the hills of Los Angeles entered into bankruptcy court when the debts … Read More
California Code of Civil Procedure 874.319 is the California partition statute that establishes whether or not a partition in kind would result in great prejudice to the cotenants of the property under the California Partition of Real Property Act. The statute states the following: (a) In determining whether partition in kind would result in great prejudice to the … Read More
One of the most common issues that arises in California real estate co-ownership disputes and related partition actions is the remedy for a party who pays more than their fractional share of the down payment. For example, perhaps Sally and Joe purchase a home together, with Sally paying $100,000 of the down payment, while Joe … Read More
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