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
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 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
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
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
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
A partition attorney plays a pivotal role in navigating the intricacies of ending real property co-ownership relationships, offering legal representation and strategic advice to secure a fair and equitable outcome for their clients. If discussions about managing the jointly owned property are not being taken seriously by your co-owner, retaining a partition attorney equips you … Read More
No. A common misconception is that a majority of the ownership interests are needed for a court to compel the sale of a jointly-owned property in a partition. This belief is entirely incorrect. Any owner, regardless of their ownership percentage, can initiate the sale of the property, whether they hold 99% or merely 1% of … Read More
A TIC agreement, short for tenants in common agreement, is becoming a popular method for co-ownership in California, often converting a single property into a townhome with multiple units occupied by unrelated co-owners. Popular for decades in San Francisco, the Los Angeles Times recently reported that the trend has headed to LA where developers are … Read More
The threat of foreclosure poses a significant challenge for homeowners facing financial hardship and particular difficulty when a co-owner may be engaged in an active partition action. Amidst this uncertainty, injunctions emerge as a potential safeguard, offering homeowners a legal avenue to protect their property rights. A request for an injunction amidst a partition action … Read More
For select matters, payment can be deferred until resolution, with monthly billing also available.
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.
