Joint Tenancy in California
In a joint tenancy, co-owners hold equal shares with a right of survivorship. Here is how joint tenancy is created in California and what happens when it ends.
Should I Tell My Co-owner That I Am Suing Them for Partition?
Generally, no. Many co-owners feel they should give a heads-up before filing for partition, but warning them in advance usually does more harm than good.
What is the Scope of a Partition Action?
A partition action can decide all conflicting claims between co-owners that arise from their co-ownership, not just whether the property is sold.
How Long Does a Partition Action Take?
A partition action usually takes six to nine months, depending on the circumstances and complexity of the case. Here are the factors that affect timing.
Who Pays for a Partition Action?
California lets the co-owner who files a partition ask the court to award attorney’s fees and costs against the other co-owners, usually paid from the sale proceeds.
Mortgage Assumptions in Partition Actions
An assumption can let a co-owner keep a low-rate mortgage in a buyout, but it does not release the departing co-owner by itself. The lender, and for a government-backed loan the agency, must approve the buyer and sign a release.
Recovering Repairs and Improvements in a Partition Action
Co-owners often seek reimbursement for repairs and improvements in a partition action. The law favors improvements and may not always allow ordinary repairs to be recovered.
What is a Receiver in a Partition Action?
A co-owner may ask the court to appoint a receiver during a partition action. Here is when that happens and how a receiver differs from a partition referee.
Should I Communicate with the Opposing Party During a Partition
Parties in litigation are often tempted to talk directly, believing the lawyers are causing the conflict. Here are the risks and when direct communication can help.
Did I Accidentally Waive My Right to Partition?
No. Waiving the right to partition is rare and cannot happen by accident, because California law strictly limits waivers of a co-owner’s rights.
