Co-Ownership Archives

How to Piece Together a Property’s Title History

A property’s title history reveals its ownership trail, liens, and any disputes or irregularities that might affect your rights as the new owner. When purchasing or investing in real property, understanding its title history is crucial. Why is a Property’s Legal Title Important? Legal title is important because Evidence Code § 662 provides that: “The … Read More

Severance of a Joint Tenancy After the ATRO in a Marital Dissolution: Implications for Partition Actions

In California, spouses frequently hold real estate as joint tenants, meaning that if one spouse dies, their interest automatically passes to the surviving spouse by right of survivorship. However, when a marriage dissolves, one spouse may wish to sever the joint tenancy and transfer their half interest to a living trust to ensure the property … Read More

Buying and Selling Fractional Interests in Real Estate: Immediate Cash or Full Value?

Fractional ownership in real estate can be both an opportunity and a challenge. Whether you inherited a 50% interest in a property or co-own it with a former romantic partner, disputes or differing goals among co-owners often make it difficult to decide the best path forward. While the ideal solution to unlock the full value … Read More

What Happens If Your Co-Owner Dies During a Partition Action?

Partition actions are already challenging, but the unexpected death of a co-owner introduces additional complexity. If this happens, your next steps depend on whether the deceased co-owner had an attorney, their ownership structure, and the status of the case. Here’s what to do, including how to handle situations where the co-owner was a trustee of … Read More

Will My Ex Obtain Half the Equity in a Partition?

A common misperception in co-ownership of real estate in California is that ex-boyfriends and ex-girlfriends will each get half the proceeds of sale in a partition. This myth is often repeated by exes who put in less than half the money on the property, but want half now that the romantic relationship has ended since … Read More

Overestimation of Contribution Bias in Co-ownership

Co-owning property with someone else can feel like a partnership—until it’s time to divide what’s yours. Disputes often arise because people tend to believe they contributed more than their fair share. This isn’t always intentional. It’s often due to something called overestimation of contribution bias, a common psychological tendency where people remember their own efforts … Read More

Joint Tenancy with a Parent: What Happens When the Parent Decides to Sever the Joint Tenancy?

In California, joint tenancy is a common way for parents and children to co-own property, often with the understanding that the property will automatically transfer to the surviving joint tenant, presumably the child, upon the death of the other, presumably the parent. However, joint tenancies can be severed, and this can cause significant issues when … Read More

What Happens When a Joint Tenant Transfers Their Interest? Understanding Joint Tenancy in California

Joint tenancy is a common form of property ownership in California that includes the right of survivorship, meaning when one joint tenant dies, their interest automatically passes to the surviving joint tenant(s). However, what happens if one joint tenant decides to transfer their interest during their lifetime? This is a critical question that often arises … Read More

What Information Should a Co-owner Gather to Prove Mortgage Payments for a Partition Action?

Proving Mortgage Payments in a Partition Action Accounting

When co-owned property results in a partition action, the court or partition referee may require evidence of who paid the mortgage to divide the proceeds of sale. This article explains how to meticulously gather and organizing documents, including digital payment records between co-owners, to allow co-owners to present a compelling case to prove and recover … Read More

Selling Inherited Co-Owned Property to Move Out of California

For those who inherit co-owned homes in California, the decision to keep or sell the property is increasingly influenced by the financial benefits of relocating to less expensive areas. In the past few years, Californians have been relocating to states where their money stretches further, thereby improving the quality of life. This article delves into … Read More