The enactment of the Partition of Real Property Act has introduced an interesting legal question regarding whether a waiver of partition may be implied when tenants in common are subject to the Act. This issue is particularly relevant given that partition rights are generally considered absolute unless expressly waived by an enforceable agreement. The Partition … Read More
When co-owners of real estate can no longer agree on how to manage, use, or sell a property, a partition action becomes the legal solution to resolve the dispute. One of the most common outcomes of a partition action is a partition by sale, where the property is sold, and the proceeds are divided among … Read More
Co-ownership disputes are complicated when you co-own with a married couple. However, a forced sale of property owned by a third party and a married couple can be addressed 1) through a partition action filed by any co-owner, or 2) through a family law proceeding if the married couple is divorcing, as explained below. Purely … Read More
Californians with a deceased co-owner can force the sale of the property without going through probate by filing a partition action. In California, the court can proceed with the partition by joining the deceased co-ownerβs representative or successor, or simply their estate if their is no representative. This ensures that the property can be sold … Read More
California law is clear: a life estate must be in writing to be legally enforceable. In California, real estate transactions conveying ownership interests must follow strict legal requirements, particularly when it comes to life estates. Some property owners mistakenly believe that someone can transfer a life estate through a verbal agreement, but this is not … Read More
For many co-owners facing a partition action, the idea of a court-appointed partition referee can seem intimidating. Some fear that a referee will unfairly take sides, undervalue the property, or create unnecessary delays in the sale process. In reality, partition referees are intended to be neutral professionals whose primary role is to ensure a fair … Read More
Each co-owner of real property in California is legally required to disclose any known material defects or issues that could affect the value or desirability of the property. This obligation to disclose is not only a legal requirement but also a matter of ethical responsibility to ensure transparency and fairness in real estate transactions. Similarly, … Read More
When one co-owner asserts that they have contributed more than their fair share towards property costs, a partition action offers an opportunity to reclaim unequal payments for down payments, repairs, improvements, mortgage payments, taxes, or similar expenditures. California partition law mandates an partition accounting in all such cases and the court appointed referee will compile … Read More
In California contract law, past consideration cannot form the basis of an enforceable contract. This principle plays a crucial role in real estate and partition disputes, where parties may attempt to retroactively classify a past financial transactionβsuch as a giftβas a secured loan. This is common in intra-family partitions and ex-boyfriend/ex-girlfriend partitions. Courts have repeatedly … Read More
Partition actions often result in the sale of co-owned property, leaving the court to determine how the proceeds should be distributed among the co-owners. For co-owners interested in reinvesting their share of the proceeds into like-kind property via a 1031 exchange, complications arise when the court or referee holds the funds beyond the saleβs closing … Read More
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