In Machado v. Machado, the California Supreme Court held that a joint tenancy deed creates a presumption that can be overcome only by evidence of a common understanding or agreement between the owners, not by one owner’s hidden intentions.
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.
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.
Usually, yes. In a California partition action, a co-owner who paid more than their share of the mortgage is generally entitled to be repaid the excess out of the sale proceeds before the remaining money is divided.
A co-owner’s drug addiction cannot stop a partition action. California law gives the other co-owners tools to recover unpaid expenses, protect the property, and end the co-ownership.
Not without his agreement. If your ex-boyfriend refuses to sign over his share, a California partition action can end the co-ownership through a court-supervised sale or buyout.
When a co-owner won’t pay their share of homeowner’s insurance, a partition action lets you recover what you overpaid and end the co-ownership.
A co-owner who paid more than their share of expenses or improvements can be reimbursed in a partition action. California courts use two methods to calculate those 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.
In California, a co-owner who wants to sell property damaged by fire, flood, or earthquake generally cannot be forced to fund a rebuild. A partition action lets you sell, even when your co-owner wants to rebuild.
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.
The court or partition referee may need proof of who paid the mortgage to divide the sale proceeds. Here is how to gather and organize those records, including digital payments.
A co-owner who stops paying the mortgage is often an early sign of a larger dispute. A partition action can force a resolution and credit you for the payments you covered.
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.
Tenancy in common is the most common and default form of co-ownership in California. Here is how it works and how it differs from joint tenancy.
One co-owner often ends up paying all the property taxes, especially when another co-owner lives there. A partition action can credit the paying co-owner and end the dispute.
A partition lawyer represents co-owners of California property who can’t agree on whether to keep, sell, or buy out the property. The main tool is a partition action asking the court to order a sale or division.
Foreclosure is especially hard when co-owners are in a partition action. An injunction may give co-owners a way to protect the property while the case moves forward.
A California partition action can resolve ownership, title disputes, reimbursements, rent, liens, fees, and the sale. Learn its scope, limits, and how the accounting affects your payout.
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.
Estimate partition proceeds by accounting for value, debt, sale expenses, ownership shares, and reimbursements. See a worked $1 million sale example.
A 50% owner of California real estate has the right to force a sale through a partition action, occupy the entire property, and collect 50% of the net rental proceeds, among other rights.
Offsets for overpaid down payments, repairs, mortgage, and taxes are often the most contested issue in a partition. A referee’s report on offsets can resolve them faster and for less.
In a partition action, a co-owner who made unequal contributions may recover offsets. Here is whether that includes compensation for your own time and labor on improvements and management.
When a co-owner files bankruptcy, the trustee may sell the co-owned property under section 363(h) of the Bankruptcy Code. Under In re Flynn, the court can still apply California partition offsets.
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Practical guides from attorneys who focus exclusively on California partition actions.
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