Manner of Partition

owelty law california partition lawyer attorney

What is Owelty in Partition Law?

In California, partition actions often arise when co-owners of a property—whether through inheritance, romantic partnerships, or other joint ownership—decide to divide their shared property. However, dividing a property equally can be challenging, especially when the property’s value is not uniform across its different parts. To address this, California law provides for a mechanism known as … Read More

My Co-owner Asked for Partition by Sale. Can I Buy Out my Co-owner?

My Co-owner Asked for Partition by Sale. Can I Buy Out my Co-owner?

Yes, California Code of Civil Procedure 874.317 is the California partition statute that sets forth the manner in which a co-owner of property can buy out the interests of the other co-owners who requested a sale in a partition action. The purchase price for the buy out under the Partition of Real Property Act is based on … Read More

How to Remove Co-owner From a Mortgage

How to Remove Co-owner From a Mortgage

Navigating a mortgage with an uncooperative co-owner can be challenging, but Talkov Law’s partition attorneys have mastered the art of helping unsatisfied co-owners break the cycle of disagreement with a partition action. This article explores methods for disentangling oneself from the mortgage agreement by removing your co-owner. 3 Quick Fixes to Try 1. Check if … Read More

Can I Remove My Former Fiancé(e) From the Title of My Property?

Can I Remove My Former Fiancé(e) From the Title of My Property?

Separating from a partner is a difficult position but it is even more complex when an unmarried couple separates after purchasing a property together. Unfortunately, this scenario is common enough that nearly half of all partition cases involve unmarried couples. Depending on whether the goal of a co-owner is to force the sale of the … Read More

My Co-owner is not paying the mortgage, partition attorney

My Co-owner is Not Paying the Mortgage

If your co-owner is not paying the mortgage, this may be an early sign of a co-ownership dispute. In many scenarios where a co-owner is unwilling to contribute to a co-owned property, there will be disagreements on the disposition of property and how to manage the liabilities that accompany real property ownership. Or, perhaps the … Read More

What does the appraiser value under the Partition of Real Property Act

Appraisals of Fair Market Value under the Partition of Real Property Act – Code of Civil Procedure 874.316(d)

While the public may believe there is only one way to appraise a property, many co-owners end up in a debate with the court over the parameters of a proper valuation under the Partition of Real Property Act. “Fair Market Value of the Property” is to be Determined under the Partition of Real Property Act … Read More

How Does the Partition Referee Get Paid?

How Does the Partition Referee Get Paid?

The compensation of the partition referee is paid at the end of the case, which is generally when the co-owners are being paid. In California, partition referees effectuate the court’s judgment that the property should be partitioned, which usually involves a sale of the property. The Partition Referee Gets Paid at the End of the … Read More

Tenancy in Common California Lawyer Attorney Partition Co-Ownership Law Firm

What is Tenancy in Common?

California recognizes different forms of property co-ownership, the most common and default of which is tenants in common. California Civil Code 682 recognizes “ownership of property by several persons” in these forms: (a) Of joint interest. (b) Of partnership interests. (c) Of interests in common. (d) Of community interest of spouses. This article specifically focuses on tenants in common as the … Read More

My Co-owner is Not Paying the Property Taxes

My Co-owner is Not Paying the Property Taxes

It’s not uncommon for one co-owner to bear the brunt of property taxes, especially in scenarios where one co-owner resides on the property while others do not. An issue arises when this arrangement leads to a disparity in financial contributions for maintenance and obligations tied to the property. Implications of Financial Distress The failure of … Read More

Notice of Private Sale Partition Action California Lawyer Attorney Law Firm

What Does a Notice of Private Sale Mean in a Partition Action?

A notice of private sale in a partition action is a required notice that the partition referee is likely to be marketing the property to the public to ensure it sells for fair market value. Since the word “private” seems to suggest something other than the public marketing as though a backroom deal is occurring, … Read More

Talkov Law is Rated 5 out of 5 Stars Based on 169 Reviews

Contact Us Today for a Free Consultation & Pay No Retainer

Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down







      Awards and Recognition

      Scott Talkov Partition Attorney Super Lawyers
      US News and World Report Scott Talkov

      We Have Been Featured On:

      The Real Deal

      Offices Throughout California

      Los Angeles Partition Attorneys
      10880 Wilshire Blvd Ste 1101
      Los Angeles, CA 90024
      Phone: (310) 496-3300

      Orange County Partition Attorneys
      4000 MacArthur Blvd Ste 655
      Newport Beach, CA 92660
      Phone: (949) 888-8800

      San Jose Partition Attorneys
      99 S. Almaden Blvd Suite 600
      San Jose, CA 95113
      Phone: (408) 777-6800

      San Diego Partition Attorneys
      11622 El Camino Real Ste 100
      San Diego, CA 92130
      Phone: (858) 800-3300

      San Francisco Partition Attorneys
      50 California St, Ste 1500
      San Francisco, CA 94111
      Phone: (415) 966-3300

      Riverside Partition Attorneys
      3610 Central Ave, Ste 400
      Riverside, CA 92506
      Phone: (951) 888-3300

      Sacramento Partition Attorneys
      500 Capitol Mall, Suite 2350
      Sacramento, CA 95814
      Phone: (916) 668-3300

      The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.