Blog - Page 5 of 43 - Talkov Law Partition Attorneys

How Wildfires Can Affect Partition Actions in Los Angeles

Wildfires are an unfortunate reality in Southern California, with devastating impacts on property owners. For those who co-own property, wildfires can create unique challenges that lead to serious disputes. As the #1 partition lawyers in Los Angeles, we’ve seen how these natural disasters can amplify existing tensions or create new disagreements between co-owners, sometimes leaving … Read More

The Importance of Valuation under the Partition of Real Property Act – California Code of Civil Procedure Section 874.320

Partition actions are often complex, involving multiple co-owners with competing interests in the division or sale of a property. While many parties understand the importance of a fair valuation in cases involving buyouts under California Code of Civil Procedure Section 874.317, the significance of valuation extends beyond buyout scenarios. Even when no buyout is sought, … Read More

Why a Holdout in a Partition Case Often Gets a Better Deal

Why the Holdout in a Partition Case Sometimes Gets a Better Deal

When co-owners of property find themselves at odds over whether to sell, a common scenario unfolds: one party wants to cash out, while the other digs in their heels and refuses to sell. While this type of stalemate might seem like a no-win situation, the reality is that the holdout often ends up with the … Read More

The Hidden Dangers of DIY Co-Ownership Settlement Agreements

When co-owners of real estate face disputes, drafting a co-ownership settlement agreement often seems like a logical and cost-effective way to avoid litigation. However, when co-owners draft these agreements without a skilled partition attorney, they unknowingly set themselves up for significant legal and financial risks. The most glaring danger? Trading the straightforward and cost-effective remedy … Read More

Deposition Objections in California: A Guide for Attorneys

Depositions are a critical part of litigation, allowing attorneys to gather testimony and establish facts before trial. In California, however, the rules governing deposition objections are stricter than in the courtroom. Knowing which objections are proper is essential to preserve the record and avoid unnecessary disruptions. Here’s a quick guide to the proper objections at … Read More

Will My Ex Obtain Half the Equity in a Partition?

A common misperception in co-ownership of real estate in California is that ex-boyfriends and ex-girlfriends will each get half the proceeds of sale in a partition. This myth is often repeated by exes who put in less than half the money on the property, but want half now that the romantic relationship has ended since … Read More

What Information Should a Co-owner Gather for a Partition Action

In a partition action, gathering evidence to substantiate improvements or to prove your opposing party wrong is crucial. This evidence can significantly impact the offsets awarded and the credibility of your case. In this article, seasoned partition attorneys at Talkov Law share the variety of evidence that co-owners preparing for a partition may want to … Read More

Overestimation of Contribution Bias in Co-ownership

Co-owning property with someone else can feel like a partnership—until it’s time to divide what’s yours. Disputes often arise because people tend to believe they contributed more than their fair share. This isn’t always intentional. It’s often due to something called overestimation of contribution bias, a common psychological tendency where people remember their own efforts … Read More

Down Payment Gifts in Partition Actions

In partition actions, where co-owners seek to divide or sell jointly owned property, the issue of down payment gifts can become a contentious matter. When one party receives a substantial financial gift from their family members or friends, intended to be used as a down payment for their share of the property, it can complicate … Read More

Can I Pick the Realtor in a Partition Action?

When a partition action calls for the sale of real property, picking a Realtor is a pivotal step. Co-owners can have an important role in selecting the Realtor, but they do not necessarily have the final authority on who will serve as the property’s Realtor. This article will explore the complexities and strategies surrounding the … Read More