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Wood v. Henley: a man repairs a dirt road past a stone cabin in a rocky Ventura County canyon, with a survey stake in the foreground

Wood v. Henley: An Absent Co-Owner Keeps Her Share

In Wood v. Henley, the California Court of Appeal held that a co-owner’s family could not take an absent owner’s half interest in Ventura County land by living on it, improving it, and paying taxes, because possession by one co-owner is possession for all.

A man in a paint-flecked flannel shirt pushes a stack of repair receipts across a kitchen table toward his brother, who sits with arms crossed, in a San Francisco house

Gerontopoulos v. Gerontopoulos: Little Credit for Repairs by the Co-Owner Living in the House

In Gerontopoulos v. Gerontopoulos, the California Court of Appeal affirmed a partition and upheld a ruling that limited the occupying family’s claim for ordinary repairs and improvements to $180, even though they claimed more than $3,000.

Older couple holding a check smiles at a sold brick store and office building while a co-owner stands with arms crossed by the entrance

Mercola v. Chester: The Co-Owner Who Paid for the Building Gets Repaid First

In Mercola v. Chester, the California Court of Appeal approved a partition sale that repaid the co-owners who funded a building before any profit was split by ownership share.

A wooden bulkhead fence protects a vegetable field from a flooding creek, with lumber receipts and a work glove on a fence post

Ventre v. Tiscornia: Reimbursement for Improvements in a Partition

In Ventre v. Tiscornia, the California Court of Appeal held that a co-owner who pays for necessary improvements in good faith must be credited for them in a partition, even without the other owner’s consent.

A co-owner presents organized receipts and bank records to a striped-shirt partition referee reviewing offset evidence.

What Evidence is Necessary When Requesting Partition Referee for Offsets?

A co-owner who paid more than their share for the down payment, mortgage, repairs, or taxes can seek reimbursement in a partition. Here is the evidence the referee needs to calculate offsets.

A homeowner organizes a deed, payment records and repair photographs into a partition case file.

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

The evidence you gather can decide the offsets you receive and your credibility in a partition action. Here are the records co-owners should collect before filing.

A homeowner discusses repair receipts and proposed improvements with a partition referee in a room being renovated.

Can You Make Property Improvements During a Partition?

If you want to improve a co-owned property, timing matters. Here are the advantages and disadvantages of paying for improvements at each stage of a partition action.

Home renovation tools and improvement receipts outside a house

Recovering Repairs and Improvements in a Partition Action

Co-owners often seek reimbursement for repairs and improvements in a partition action. The law favors improvements and may not always allow ordinary repairs to be recovered.

Partition by Sale in California

A partition by sale is a court-ordered sale of jointly owned property, with the proceeds divided among the co-owners. It is the most common outcome of a California partition.

Code of Civil Procedure 873.220 CCP - Allotment of Improvements (Partition In-Kind) — Talkov Law illustration

California Code of Civil Procedure § 873.220 – Allotting Improvements in a Partition in Kind

Code of Civil Procedure section 873.220 lets a partition in kind allot to a party the portion of the property that includes improvements that party made.

Reimbursement for Improvements in Partition Actions

California law allows a co-owner to be compensated for improvements in a partition action, but whether an offset is awarded depends on the circumstances.