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
Courts allow for issues relating to co-ownership to be heard in the partition action California Code of Civil Procedure 872.610 states that “The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.” “This is true at least so far as the issues relate to … Read More
Co-Ownership of Real Property in California “Co-tenancy” is an umbrella term used to describe ownership by several co-owners with undivided interests in the real property. There are four distinct types of co-tenancies (or co-ownerships) recognized by statute in California in which several people can own the same property.[1]California Civil Code 682 Tenancy in Common A … Read More
California Code of Civil Procedure 872.330 is the California partition statute that provides further clarification for a court-ordered service by publication, including defendants that should be named and the property to be included. The statute states that: (a) Where the court orders service by publication, the publication may: (1) Name only the defendants to be served thereby. … Read More
California Code of Civil Procedure 872.610 is the California partition statute that specifies that the interests of all parties may be tried in the partition action. The statute provides that: The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action. California Code of Civil … Read More
California Code of Civil Procedure 872.310 is the California partition statute that specifies how a summons for a partition action shall be served upon both named and unnamed parties. The statute provides that: (a) The form, content, and manner of service of summons shall be as in civil actions generally. (b) Service on persons named as parties … Read More
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