In Zieve v. Dhindsa, the California Court of Appeal confirmed that a co-owner can borrow against their own share without the others’ consent, but the loan reaches only that share, even in a foreclosure. The co-owner who never borrowed received 25 percent of the surplus.
In Starcevic v. Pentech, the California Court of Appeal held that a creditor ranked first against a co-owner’s share of partition sale money lost its place when its judgment expired. Under Code of Civil Procedure section 872.040, a partition does not excuse compliance with other property laws.
Being stuck on a mortgage with an uncooperative co-owner is hard. Here are the ways to separate yourself from the loan, including a refinance, a buyout, or a partition action.
Higher interest rates make co-owner buyouts harder, because the buying co-owner must borrow at a higher cost. That changes partition strategy for both sides.
Foreclosure is especially hard when co-owners are in a partition action. An injunction may give co-owners a way to protect the property while the case moves forward.
A recorded judgment lien follows co-owned property into the hands of a buyer, but a transfer made before the lien was recorded may leave nothing to attach. Here is how the rules work.
Disputes flare when one co-owner borrows against the property without the others’ consent. Here is how such a loan affects your equity and how to protect it.
Code of Civil Procedure section 873.260 explains how a lien on one co-owner’s undivided interest attaches to that co-owner’s share after the property is divided.
Tensions rise when one co-owner places a loan or lien on the property. Here is what a California co-owner may encumber and how a partition action deals with it.
When a co-owner files bankruptcy, the trustee may sell the co-owned property under section 363(h) of the Bankruptcy Code. Under In re Flynn, the court can still apply California partition offsets.
Code of Civil Procedure section 872.630 lets the court decide the status and priority of liens to the extent needed to grant relief in a partition action.
A mortgage and a deed of trust both secure repayment of a loan, but they work differently, especially when it comes to foreclosure.
A lien against one co-owner does not have to stop the sale of a co-owned house. Here are five ways to sell a California house when one owner has a lien or judgment.
Code of Civil Procedure section 872.420 tells a lienholder named in a partition action what its answer must say: the date of the lien, what kind of lien it is, and how much is still owed.
Removing your name from the mortgage on jointly owned property might seem difficult, but there are four possible solutions to get your name off the mortgage.
When a co-owner files bankruptcy, the trustee may sell the whole house, you may have the right to buy it first, and your share of the proceeds still needs protecting. Here is how it works in California.
Many California homeowners have heard of the homestead exemption, but few understand how it can help them keep their homes despite creditors and bankruptcy.
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Practical guides from attorneys who focus exclusively on California partition actions.
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