Formerly known as the Uniform Partition of Heirs Property Act The Partition of Real Property Act in California is a newly-implemented law that expands upon the Uniform Partition of Heirs Property Act to give non-partitioning parties additional opportunities to buy out their co-owners. Essentially, the Partition of Real Property Act creates a right of first … Read More
Steps in a Partition Action in California The first step in the partition action process is to file a complaint for partition of real property in the county in which the property is located. A lis pendens, also known as a notice of pendency of action, will then be recorded against the property. The lis pendens will remain … Read More
Partition actions in California involve the division of property to provide co-owners with their equity in the property. Most properties are single family residences with no surplus land. Historically, that means that an equitable division will almost always result in a sale unless one co-owner buys out the other. However, AB 1033 suggests that some … Read More
During the partition process, parties are entitled to request that the court divide the proceeds of sale in a manner that includes uneven payments by parties for expenses such as taxes. This is great news for a co-owner who paid more than their fair share of the property taxes during the co-ownership relationship. Partition Actions … Read More
![What to Do When a Co-Owner Dies in a Partition Action [Form Template Example - Code of Civil Procedure 872.530(b)] Affidavit re Death of Co-Owner.jpg](https://talkovlaw.com/wp-content/uploads/What-do-Do-When-a-Co-Owner-Dies-in-a-Partition-Action-Form-Template-Example-Code-of-Civil-Procedure-872.530b-Affidavit-re-Death-of-Co-Owner.jpg.webp)
Affidavit re: Death of Co-Owner [Sample] Co-owning real estate in California comes with many different challenges. If you’re ready to sell but your co-owner refuses, a partition action is the only court-ordered way to force the sale of property. Litigants in partition actions may find themselves in the unfortunate situation of having to declare that … Read More
Co-Owner’s Right to Evict Their Co-Owner Co-ownership can present many headaches, including shared expenses, sharing a common space, and, most importantly, agreeing when to sell the property. Co-owners might be wondering how to evict a co-owner when there is confusion as to who has the right to live in a co-ownership home. Unfortunately for co-owners … Read More
A common issue with co-ownership is how to manage rented property. Notably, many times only one of the co-owners allows a third party to lease the co-owned property without the consent or over the objection of the other co-owners. As explained below, the law is that each co-owner may lease the property, but doing so … Read More
Your Rights as a 50% Property Owner Many people in California own property with another person, whether this is by choice (such as purchasing a home with a partner) or not (such as inheriting a home with a sibling). The most common form of co-ownership is 50/50 ownership, which generally arises from a deed granting … Read More
How do you beat a partition action? Experienced partition attorneys in California are often asked whether there are affirmative defenses to a partition under California law. Of course, every defendant wants to win a partition action. While some people may refer to these as affirmative defenses, it might be best to look them as ways … Read More
Other than forcing the sale of the property through an interlocutory judgment under CCP § 872.720, perhaps the most hotly contested issues in a California partition action are the offsets whereby one co-owner alleges that they have paid more than their fractional share of costs for the property, thereby seeking to recover an excessive down … Read More
Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down
Recent Blog Posts
The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.
