Blog - Page 7 of 43 - Talkov Law Partition Attorneys

Does a Partition Action Result in a Jury Trial?

Generally a partition action will not result in a jury trial, but will instead be heard by the judge, because a partition is an equitable action. Talkov Law has handled over partition actions throughout California and has never seen a partition action result in a jury trial. In fact, a partition action handled by an experienced … Read More

I Inherited a House with a Mortgage. Can the Lender Make me Refinance?

Due on Sale Clause Inapplicable Based on Death No. If you inherit a property, or a fractional interest in real estate, there is generally no need to contact the lender to negotiate or otherwise ask for approval to keep paying the loan each month. The commonly believed issue is that the transfer to heirs of … Read More

My Co-owner Asked for Partition by Sale. Can I Buy Out my Co-owner?

Yes, California Code of Civil Procedure 874.317 is the California partition statute that sets forth the manner in which a co-owner of property can buy out the interests of the other co-owners who requested a sale in a partition action. The purchase price for the buy out under the Partition of Real Property Act is based on … Read More

How to Remove Co-owner From a Mortgage

Navigating a mortgage with an uncooperative co-owner can be challenging, but Talkov Law’s partition attorneys have mastered the art of helping unsatisfied co-owners break the cycle of disagreement with a partition action. This article explores methods for disentangling oneself from the mortgage agreement by removing your co-owner. 3 Quick Fixes to Try 1. Check if … Read More

Can I Remove My Former Fiancé(e) From the Title of My Property?

Separating from a partner is a difficult position but it is even more complex when an unmarried couple separates after purchasing a property together. Unfortunately, this scenario is common enough that nearly half of all partition cases involve unmarried couples. Depending on whether the goal of a co-owner is to force the sale of the … Read More

My Co-owner is Not Paying the Mortgage

If your co-owner is not paying the mortgage, this may be an early sign of a co-ownership dispute. In many scenarios where a co-owner is unwilling to contribute to a co-owned property, there will be disagreements on the disposition of property and how to manage the liabilities that accompany real property ownership. Or, perhaps the … Read More

Co-Ownership in San Jose and San Francisco Partition California Law Firm Lawyer Attorney

Co-ownership in San Jose and San Francisco: A Growing Trend

The Silicon Valley and neighboring areas of San Francisco have become hot spots for real estate co-ownership in California. As California’s #1 partition attorneys, the co-ownership experts at Talkov Law have delved into the factors that give rise to this unusual housing pattern. Co-ownership is More Common in and Around Silicon Valley Than Elsewhere in … Read More

What does the appraiser value under the Partition of Real Property Act

Appraisals of Fair Market Value under the Partition of Real Property Act – Code of Civil Procedure 874.316(d)

While the public may believe there is only one way to appraise a property, many co-owners end up in a debate with the court over the parameters of a proper valuation under the Partition of Real Property Act. “Fair Market Value of the Property” is to be Determined under the Partition of Real Property Act … Read More

How Does the Partition Referee Get Paid?

The compensation of the partition referee is paid at the end of the case, which is generally when the co-owners are being paid. In California, partition referees effectuate the court’s judgment that the property should be partitioned, which usually involves a sale of the property. The Partition Referee Gets Paid at the End of the … Read More

Do I Have to Sue my Family Member with Partition Action to Obtain my Share of the Inherited Property

Do I Have to Sue my Family Member to Obtain my Share of the Inherited Property?

It is common for family dynamics to be strained after inheriting real estate because many co-owners are unable to agree on how to manage the property. A co-owner may want to move into the property despite only inheriting 50% and the other co-owners, each holding 25% may want to sell the property and take the … Read More