Absolute Right to Partition in California
Under Code of Civil Procedure section 872.210, any co-owner can force the sale of co-owned property. The right to partition is so strong that courts call it absolute.
Adverse Possession and Co-Ownership
Co-owners often ask whether moving out of a property means giving up their ownership. In California, adverse possession between co-owners is very hard to prove.
Reimbursement for Improvements in Partition Actions
California law allows a co-owner to be compensated for improvements in a partition action, but whether an offset is awarded depends on the circumstances.
Types of Co-Ownership in California (Tenants in Common, Joint Tenants, Etc.)
Co-tenancy is the umbrella term for ownership by several people with undivided interests. California recognizes four distinct types of co-ownership.
Manner of Partition Actions (By Sale, In Kind, & By Appraisal)
California law provides three types of partition: partition by sale, partition in kind, and partition by appraisal. By far the most common is partition by sale.
How to Sever Joint Tenancy in California – Civil Code 682
Severing a joint tenancy changes what happens to your share when you die. Here is what severance means, why it matters, and how a co-owner can do it.
What is a Constructive Trust in California?
A constructive trust is a court remedy that forces a person holding property they aren’t entitled to to transfer it to the rightful owner. It often comes up in co-ownership disputes.
Title vs. Deed: What’s the Difference?
Title means ownership; a deed transfers an interest in property. Learn how California deeds, title insurance, liens, and mortgages affect co-owners.
Actual Notice vs. Constructive Notice vs. Inquiry Notice vs. Imputed Notice – What is a Bona Fide Purchaser?
Disputes often arise when a buyer claims priority over earlier interests in a property. Bona fide purchaser status depends on California’s rules for actual, constructive, inquiry, and imputed notice.
Statute of Frauds in California Real Estate
The statute of frauds requires certain agreements, including most real estate contracts, to be in writing. Here is how it applies to California real estate.
