While you may want to make improvements to a co-owned property, you may want to consider the timing in relation to when you file a partition. This article will discuss the advantages and disadvantages of allocating funds for property improvements depending on where you are in filing a partition action. Should You Make Improvements Before … Read More
While cross-complaints for declaratory relief in partition actions can be appropriate for clarifying the rights and duties of parties concerning the property in dispute, their utility may be limited as to ownership disputes since they are already at issue in every partition. Cross-Complaints in a Partition Action In California, Code of Civil Procedure § 428.10 … Read More
Legal fees in a partition action are generally smaller than the Realtor fees involved in forcing the sale. However, co-owners are wise to make an educated guess of the cost of attorney’s fees in a partition lawsuit. The cost of the partition hinges on several factors, including the extent of disagreement among co-owners, the monetary … Read More
California recognizes different forms of property co-ownership, the most common and default of which is tenants in common. California Civil Code 682 recognizes “ownership of property by several persons” in these forms: (a) Of joint interest. (b) Of partnership interests. (c) Of interests in common. (d) Of community interest of spouses. This article specifically focuses on tenants in common as the … Read More
It’s not uncommon for one co-owner to bear the brunt of property taxes, especially in scenarios where one co-owner resides on the property while others do not. An issue arises when this arrangement leads to a disparity in financial contributions for maintenance and obligations tied to the property. Implications of Financial Distress The failure of … Read More
A notice of private sale in a partition action is a required notice that the partition referee is likely to be marketing the property to the public to ensure it sells for fair market value. Since the word “private” seems to suggest something other than the public marketing as though a backroom deal is occurring, … Read More
When defendants in a partition action ignore the summons and complaint, the plaintiff is entitled to obtain a default judgment ordering that the property be partitioned, usually by a forced sale. Indeed, some co-owners fail to respond to attempts to discuss the use, management, or sale of the property. When this occurs out of court, … Read More
A partition attorney plays a pivotal role in navigating the intricacies of ending real property co-ownership relationships, offering legal representation and strategic advice to secure a fair and equitable outcome for their clients. If discussions about managing the jointly owned property are not being taken seriously by your co-owner, retaining a partition attorney equips you … Read More
Talkov Law President Scott Talkov was quoted by California’s leading daily legal publication, the Daily Journal, on the recent national settlement that changes the way that Realtors are paid. Specifically, the National Association of Realtors (NAR) agreed to pay $418 million to settle a nearly $5b judgment awarded by a jury in an anti-trust case … Read More
Partition referees in California effectuate the court’s judgment that the property should be partitioned, which usually involves a sale of the property. Sometimes, partition referees are referees to as partition receivers, partition special masters, partition commissioners, partition administrators, or real estate referees. List of Partition Referees in California As the largest partition-only law firm in … Read More
For select matters, payment can be deferred until resolution, with monthly billing also available.
Offices Throughout California
Los Angeles Partition Attorneys
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
Orange County Partition Attorneys
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800
San Jose Partition Attorneys
99 S. Almaden Blvd Suite 600
San Jose, CA 95113
Phone: (408) 777-6800
San Diego Partition Attorneys
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300
San Francisco Partition Attorneys
50 California St, Ste 1500
San Francisco, CA 94111
Phone: (415) 966-3300
Riverside Partition Attorneys
3610 Central Ave, Ste 400
Riverside, CA 92506
Phone: (951) 888-3300
Sacramento Partition Attorneys
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300
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