Costs of Partition Archives

What Evidence is Necessary When Requesting Partition Referee for Offsets?

When one co-owner asserts that they have contributed more than their fair share towards property costs, a partition action offers an opportunity to reclaim unequal payments for down payments, repairs, improvements, mortgage payments, taxes, or similar expenditures. California partition law mandates an partition accounting in all such cases and the court appointed referee will compile … Read More

Hoarders in Co-Owned Properties – Partition Actions in California

When co-owners of real estate disagree on what to do with a property, a partition action is often the best legal solution to force a sale. However, disputes become even more complicated when one of the co-owners is a hoarder. A property filled with excessive clutter, debris, or hazardous conditions can significantly reduce market value, … 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

Avoiding Double Counting Errors in Partition Actions: A Common Pitfall in Real Estate Dispute Accounting

Partition actions, which resolve disputes between co-owners of real estate, often involve detailed accounting of costs, contributions, and reimbursements. Despite the best efforts of partition attorneys and courts, one common error that can significantly impact the fairness of a partition judgment is the double counting error. This occurs when costs or contributions are improperly included … Read More

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

Factors Impacting Cost of a Partition Action in California

Legal fees in a partition action are generally smaller than the Realtor fees involved in forcing the sale. However, co-owners are wise to make an educated guess of the cost of attorney’s fees in a partition lawsuit. The cost of the partition hinges on several factors, including the extent of disagreement among co-owners, the monetary … Read More

998 Offers in Partition Actions to Force a Settlement

How to Force Your Co-owner to Settle a Partition Action by Threatening to Recover the Costs of Partition Co-owners in a partition action can harness the power of a 998 offer by threatening to recover the costs of partition if the other side doesn’t accept the offer. The costs of partition can include partition attorney’s … Read More

How Will the Realtor Commission Lawsuits Impact Partition Actions?

Co-owners of real estate are always hoping to reduce the cost of a partition, which is a lawsuit that attempts to divide co-owned property, generally by forcing a sale and division of the proceeds. On October 31, 2023, the National Association of Realtors and large residential brokerages were found liable for about $1.8 billion in … Read More

Code of Civil Procedure § 874.140 (CCP) – Judgment for Unpaid Costs; Enforcement (Partition Action)

California Code of Civil Procedure 874.140 is the California partition statute that addresses how a judgment can be collected from a party in a partition action. The statute provides that: A judgment for unpaid costs of partition may be enforced by the person entitled to the costs in the manner provided for enforcement of money judgments … Read More

Code of Civil Procedure 874.130 CCP – Sale for Benefit of Lien Claimants (Costs of Partition)

California Code of Civil Procedure 874.130 is the California partition statute that gives the court the authority to order a judgment for the benefit of lien claimants after a partition. The statute provides that: Upon application of a person entitled to a lien imposed under this article and upon a showing of good cause, the … Read More