Co-Ownership

Family Code 1100(b) - Spouses Can Gift No More than Half of the Community Property

Family Code 1100(b) – Spouses Can Gift No More than Half of the Community Property

Community Property Laws Allow Spouses to Give Away No More than Half of the Community Estate, During Life or Upon Death in a Will or Trust While many spouses have tried, the law does not allow a living or deceased spouse to give away more than half of the community property marital estate, including in … Read More

Actual Notice Constructive Notice Inquiry Notice Imputed Notice Bona Fide Purchaser California Law

Actual Notice vs. Constructive Notice vs. Inquiry Notice vs. Imputed Notice – What is a Bona Fide Purchaser?

Establishing Bona Fide Purchaser Status Under California’s Notice Rules Many conflicts arise from real property purchase disputes where a buyer, seller or other party claims priority over earlier purchasers and liens (encumbrances), including judgments. The conflicted rules applied in these quiet title actions underlie the importance of hiring a qualified real estate litigator in California. … Read More

escrow-holder-liability-damages

Escrow Holder Liability and Related Damages – A Simple Framework

Escrow Holder Liability Theories An escrow holder is typically able to be held liable on theories of: breach of contract, general negligence, and breach of fiduciary duty, among others which will not be discussed herein. Talkov Law, however, does have a stable of attorneys ready to assist with any other potential theories of liability which … Read More

escrow-holder-third-party-liability-escrow

Escrow Holder Liability to Third Parties – A Simple Framework

What is Escrow? What is an Escrow Account? Escrow disputes may arise in a real estate or business context. One typical area where escrow is used and may be the source of litigation is in the course of a purchase and sale. Escrow disputes are one of many potential issues which may arise in the … Read More

Lis Pendens Expungement California Real Estate Attorney

5 Grounds for Lis Pendens Expungement – A Simple Guide

What is a Lis Pendens? In essence, a lis pendens is a notice of pending litigation against a piece of real property. A lis pendens means a “notice of the pendency of an action in which a real property claim is alleged.” See Code Civ. Proc. § 405.2. A party who asserts a claim against … Read More

Statute of Frauds California Real Estate Attorney Los Angeles Orange County Riverside San Diego

Statute of Frauds in California Real Estate

How the Statute of Frauds Applies to Real Estate in California What is the Statute of Frauds under California Code of Civil Procedure § 1971? The Statute of Frauds is a legal doctrine providing that certain types of contracts are invalid unless they are produced in writing and signed by the party to be charged. … Read More

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