How to Force the Sale of Jointly Owned Property in California
Co-owners of real estate in California have an absolute legal right to partition the property, thereby causing the property to be sold and the proceeds distributed.
Am I Responsible For My Spouse’s Debts?
When Are You Responsible For Your Spouse’s Debts? Marriage should be a joyous time of love and unity. The “what’s mine is yours” mentality can apply to almost everything in a marriage, including debt. With consumer debt reaching $14 trillion, it is no wonder that many people are concerned how their financial liabilities will affect … Read More
Fraudulent Transfers in California Bankruptcy [11 USC 548]
What is a Fraudulent Conveyance / Fraudulent Transfer? When a debtor filed a bankruptcy, an estate is created composed of all of the debtor’s rights in property. Among those rights is the ability to set aside transfers for less than fair market value. Indeed, sometimes debtors who realize they will be filing bankruptcy think it … Read More
Statute of Frauds in California Real Estate
How the Statute of Frauds Applies to Real Estate in California What is the Statute of Frauds under California Code of Civil Procedure § 1971? The Statute of Frauds is a legal doctrine providing that certain types of contracts are invalid unless they are produced in writing and signed by the party to be charged. … Read More
Lis Pendens Form [Notice of Pendency of Action California]
Recording a lis pendens has stringent requirement for formatting and service to ensure effectiveness. Free form lis pendens template.
Partition by Sale vs. Partition In-Kind [California Real Estate]
How does a California Court decide Partition by Sale of Property Over Physical Division? One common dispute between co-owners is whether to partition the property by sale or physically divide the property, known as partition in kind. This article provides the advice of an experienced partition attorney in California on how courts decide between these two … Read More
Transferring Real Property with a Judgment Lien – CCP § 697.390
While a judgment remains on property after it is transferred in California, there are various methods to sell property without the lien, or to terminate the lien entirely.
Dick Van Dam Dairy Sued for Animal Cruelty by Talkov Law
Talkov Law files Animal Cruelty Suit Against Dick Van Dam Dairy Seeking Permanent Injunction and Removal of Cows.
Boilerplate Affirmative Defenses: Motion to Strike & Demurrer [California Form Template Sample]
Many times, when defendants are sued in California they file an answer alleging numerous boilerplate affirmative defenses with no supporting facts. Technically, this is improper, and these defenses may be subject to a motion to strike or demurrer under California law. The authorities below can be used in a motion to strike or demurrer seeking … Read More
Attorney Scott Talkov Provides Expert Opinion in UCR School of Public Policy Podcast
The University of California, Riverside School of Public Policy reached out to lawyer Scott Talkov to join a discussion on the options and resources available to students who wish to terminate their leases due to COVID-19. The pandemic has forced the majority of universities nationwide to close off their campuses and re-open their studies online … Read More
