Partition by Sale

Title Insurance in a Partition Action

Title Insurance in a Partition Action

Whether your property is subject to a partition action or you are transferring ownership through a public sale, a clear and marketable title is essential for a smooth transfer of ownership. Real estate litigation often arises from disputes over property titles, highlighting the importance of a comprehensive title insurance policy. Property buyers and lenders alike … Read More

Can a Co-Owner Buy the Property in the Partition Action

Can a Co-Owner Buy the Property in the Partition Action?

Yes. While co-owners have the opportunity to purchase each other’s shares, navigating this path can introduce potential disputes and requires adherence to specific state laws and court procedures aimed at co-owners seeking to acquire interests. Exploring the feasibility of a co-owner purchasing property in a partition action merges legal intricacies and strategic considerations within the … Read More

Tricks to Remove Co-Owner from House Title

Tricks to Remove Co-Owner from House Title

The law allows any co-owner to remove another co-owner on the property title with or without their agreement through a quiet title action, or partition action, and by a deed with agreement. By Agreement – A Deed from the Co-Owner While it may seem obvious, a co-owner can be removed from the title to the … Read More

I Own 33% of a Property. What Are My Rights?

Many co-owners with a minority interest in a property assume they have minimal rights. Fortunately for minority co-owners of property, they have many rights. Your Rights as a 33% Property Owner When it comes to California partition law, a minority co-owner in California real estate has the right to force the sale through a partition … Read More

What to Do When a Co-Owner Dies in a Partition Action [Form Template Example - Code of Civil Procedure 872.530(b)] Affidavit re Death of Co-Owner.jpg

What to Do When a Co-Owner Dies During or Before a Partition Action [Form Template Example – Code of Civil Procedure 872.530(b)]

Affidavit re: Death of Co-Owner [Sample] Co-owning real estate in California comes with many different challenges. If you’re ready to sell but your co-owner refuses, a partition action is the only court-ordered way to force the sale of property. Litigants in partition actions may find themselves in the unfortunate situation of having to declare that … Read More

What Are My Rights as a 50% Owner of California Real Estate?

Your Rights as a 50% Property Owner Many people in California own property with another person, whether this is by choice (such as purchasing a home with a partner) or not (such as inheriting a home with a sibling). The most common form of co-ownership is 50/50 ownership, which generally arises from a deed granting … Read More

Will a Partition Sale Yield Fair Market Value for a Property?

Sometimes, co-owners wonder if their co-owned property will be sold for fair market value in a partition action, or whether the process will result in a below market sales price. There are many reasons that partition action sales conducted by a partition referee will generally result in the property being sold for fair market value, … Read More

SB 9 Lot Splits in a Partition Action

Prior to California’s enactment of SB 9, also known as the California HOME Act, a single-family home in a partition action would almost certainly be sold since division of the property would not be allowed under zoning laws requiring certain lot sizes. However, SB 9, which became effective in 2022, mandates that cities approve certain … Read More

Code of Civil Procedure § 873.760 (CCP) – Failure of Purchaser to Pay Sale Price; Liability of Purchaser; Relief (Partition Actions)

California Code of Civil Procedure 873.760 is the California partition statute that explains what a party or the partition referee can do in case a purchaser does not follow through with purchasing the house. The statute provides that: If the purchaser, after the confirmation of the sale, fails to pay the sale price, the purchaser … Read More

Code of Civil Procedure 873.750 CCP – Confirmation of Sale; Duties of Referee (Partition Actions)

California Code of Civil Procedure 873.750 is the California partition statute that gives the court the authority to order that the partition referee consummate the sale of the property. The statute provides that: (a) Upon confirmation of a sale, the court shall order the referee to execute a conveyance or other instrument of transfer, to … Read More

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      Los Angeles Partition Attorneys
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      Los Angeles, CA 90024
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      Orange County Partition Attorneys
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      Newport Beach, CA 92660
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      San Jose Partition Attorneys
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      San Jose, CA 95113
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      San Diego, CA 92130
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      Sacramento, CA 95814
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