It has been well established that co-owners do not forfeit co-ownership rights if they have moved out of a jointly owned property. However, issues can still arise quickly in a partition action when a co-owner in possession (the co-owner who resides at or primarily manages a property) feels that the co-owner out of possession (the … Read More
Can I Force the Sale of Inherited Property? Understanding exactly what to do after a close family member passes away is one of the most difficult things someone can go through. Before asking whether both owners have to sign to sell a house, a whirlwind of confusion and sadness makes decision making near impossible, especially … Read More
What is a Quitclaim Deed? A quitclaim deed is an instrument used in real estate transactions that transfers an interest in real property without warranty of title. Miller and Starr, the leading secondary source on California real estate, defines a quitclaim deed as one that: “transfers to the grantee all of the right, title, and … Read More
Quiet Title Complaint Example The real estate attorneys at Talkov Law are well versed in a variety of real estate issues, including quiet title actions. Under the California Code of Civil Procedure §760.010 – §764.010, a quiet title action is a lawsuit filed to “quiet” title to real property, meaning that it seeks to establish … Read More
How is a Mortgage Different from a Trust Deed? A mortgage and deed of trust (otherwise known as a “trust deed”) are legal instruments in real estate that allow a lender to secure repayment of a loan. Although a mortgage and a trust deed serve the same purpose, the exact terms of both of each … Read More
By definition, a joint tenancy is an interest in property in which each party has an equal share in the property. Joint tenants also enjoy the privilege of the right of survivorship, which allows a deceased joint tenant’s interest in a property to automatically pass to the surviving joint tenant(s). If the interest is transferred … Read More
Can You Sell California Property with a Lien or Judgment? Purchasing or selling a house is one of the biggest (and usually most expensive) events in a person’s life. This exciting time can be quickly dampened by one thing: a lien. Whether you are buying or selling a home, it is extremely important to ensure … Read More
Co-ownership of property can raise many questions about the rights of each owner to the common property. Conversely, that co-ownership relationship can sour, causing one co-owner to seek the benefits of sole ownership- the right to exclude others- without the detriments of sole ownership- paying the full price for the property. What can result is … Read More
The Tricks to Winning a Partition Action in California A partition action is the only court process in California to end disputes when parties are co-owners (also known as co-tenants) of real property. Indeed, the court must divide the real estate equitably among its co-owners so long as a partition is found to be appropriate.[1]California … Read More
As partition attorneys in California, property co-owners frequently ask if ownership rights can be forfeited by a co-owner moving out of (“abandoning”) the property. More specifically, co-owners want to know if they would give up their ownership rights to a co-owned property in California just by moving out. The answer is that, generally, a co-owner … Read More
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