In Southern Adjustment Bureau v. Nelson, the California Court of Appeal held that a co-owner who paid taxes, insurance, and loan payments is repaid the full amount from a partition sale before the rest is split, and showed how repaying only half underpays that co-owner.
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 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.
Partition accounting tracks costs, contributions, and reimbursements. One common mistake, double counting, can make the final judgment unfair if no one catches it.
Yes. Each co-owner may lease the co-owned property, even without the others’ consent, but doing so creates complications for rent, possession, and evicting tenants.
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.
In Willmon v. Koyer, the California Supreme Court held that a co-owner who pays the taxes and other common expenses is entitled to reimbursement from the other owner, secured by a lien on that owner’s share in the partition.
A co-owner in sole possession who paid all the expenses often expects full reimbursement. Under Hunter v. Schultz, the other co-owner can offset the property’s rental value against those claims.
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Practical guides from attorneys who focus exclusively on California partition actions.
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