What Does a Notice of Private Sale Mean in a Partition Action?
A notice of private sale is a required notice in a partition action. Despite the name, it usually means the referee is marketing the property to the public to get fair market value.
What Is a Partition Lawyer and What Do They Do in California?
A partition lawyer represents co-owners of California property who can’t agree on whether to keep, sell, or buy out the property. The main tool is a partition action asking the court to order a sale or division.
Partition Referees in California
A California partition referee carries out a court-ordered sale or division of co-owned property. Learn what referees do, how they are selected and paid, and how a sale can proceed when a co-owner refuses to cooperate. Includes a California referee directory.
Affidavit of Death of a Joint Tenant (Probate Code § 210)
When a California joint tenant dies, the survivor takes their share by right of survivorship and records an affidavit of death to show the change in ownership. Here is how it works.
Should I Use an Escrow for my Co-owner Buyout?
Use escrow to coordinate a California co-owner buyout. Review the price, liens, loan release, deed, closing deadlines, and protections if financing fails.
Is a Majority Vote Needed to File a Partition Action?
No. Any co-owner, whether they hold 99% or just 1%, can file a partition action to force a sale of the property.
Levels of Assertiveness in Ending Co-ownership Disputes
How assertive you need to be to force a sale or buyout depends mostly on how cooperative your co-owner is and how much money is at stake.
Can We Use a Realtor as the Partition Referee?
Yes, but it’s nuanced. A Realtor can serve as a partition referee, though the role involves more than listing the property, so co-owners should weigh the pros and cons.
TIC Agreements (Tenant-in-Common) in California
A tenants in common agreement lets unrelated co-owners share one property, often divided into separate units. Long popular in San Francisco, these agreements are spreading to Los Angeles.
Title Insurance in a Partition Action
A clear and marketable title is essential when property is sold in a partition action. Here is how title insurance protects the sale and the buyer.
