Manner of Partition Archives

The Importance of Valuation under the Partition of Real Property Act – California Code of Civil Procedure Section 874.320

Partition actions are often complex, involving multiple co-owners with competing interests in the division or sale of a property. While many parties understand the importance of a fair valuation in cases involving buyouts under California Code of Civil Procedure Section 874.317, the significance of valuation extends beyond buyout scenarios. Even when no buyout is sought, … Read More

Why a Holdout in a Partition Case Often Gets a Better Deal

Why the Holdout in a Partition Case Sometimes Gets a Better Deal

When co-owners of property find themselves at odds over whether to sell, a common scenario unfolds: one party wants to cash out, while the other digs in their heels and refuses to sell. While this type of stalemate might seem like a no-win situation, the reality is that the holdout often ends up with the … Read More

Can I Pick the Realtor in a Partition Action?

When a partition action calls for the sale of real property, picking a Realtor is a pivotal step. Co-owners can have an important role in selecting the Realtor, but they do not necessarily have the final authority on who will serve as the property’s Realtor. This article will explore the complexities and strategies surrounding the … Read More

Allocation of Costs of Partition Under the Partition of Real Property Act

Partition actions involve dividing co-owned property, which can be a complex and costly legal process. The Partition of Real Property Act in California guides how these costs should be allocated among the co-owners, focusing on fairness and the specific circumstances of each case. This article explores the principles behind the allocation of partition costs and … Read More

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?

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

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?

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

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

The Importance of Valuation under the Partition of Real Property Act – California Code of Civil Procedure Section 874.320

Why the Holdout in a Partition Case Sometimes Gets a Better Deal

Can I Pick the Realtor in a Partition Action?

Allocation of Costs of Partition Under the Partition of Real Property Act

What is Owelty in Partition Law?

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

How to Remove Co-owner From a Mortgage

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

My Co-owner is Not Paying the Mortgage

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

Talkov Law is Rated 5 out of 5 stars based on 169 reviews

Contact Us Today for a Free Consultation

Awards and Recognition

We Have Been Featured On:

Recent Blog Posts