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Partition by Sale vs. Partition In-Kind [California Real Estate]
Co-owners often disagree about whether to sell the property or divide it. Here is how California courts decide between partition by sale and partition in kind.
What is a Lis Pendens in California Real Estate Law?
Formerly known as a “lis pendens,” a notice of pendency of action is a written document, recorded with the county recorder that provides constructive notice of a pending court action (i.e. a lawsuit) that affects title to, or possession of, real property.
What is the Cost of Partition Action in California?
As partition attorneys in California, we are often asked about the cost of a partition action. Since attorneys are the largest cost, the real question is how much are the attorney’s fees for a partition lawsuit in California?
Partition Offsets and Accounting in California
When co-owners can’t agree, a California court can force a sale. Before the proceeds are split, the court credits co-owners for mortgage payments, taxes, improvements, and rental value.
