California law allows the party filing a partition action to request that the court award their attorney’s fees and costs from the other co-owners. Attorneys fees are most likely to be granted against an uncooperative defendant. These fees are generally paid from the proceeds of sale of the property. In fact, the recovery is not … Read More
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
Co-owner often seek to recover their unequal payments relating to the repairs and improvements to the co-owned property in a partition action. While the law sometimes conflates repairs and improvements, the law favors improvements, but may not always allow ordinary repairs to be recovered in a partition action. The Law on Recovery of Repairs and … Read More
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
Co-owners frequently ask our partition attorneys how to calculate their share of money that will be paid in a partition action. As experienced partition attorneys, we can guide you through the process of calculating your equity in a co-owned property in California. First, Determine the Value of the Entire Property The first step to calculate … Read More
Access Rights to Jointly Owned Property A common issue with co-ownership is whether the co-owners can allow third parties to move into the property as roommates. For example, perhaps your co-owner decides to rent out an extra room. Or perhaps they allow their boyfriend or girlfriend to move in. Or maybe they allow an unwanted family member … Read More
During the partition process, parties are entitled to request that the court divide the proceeds of sale in a manner that includes uneven payments by parties for expenses such as taxes. This is great news for a co-owner who paid more than their fair share of the property taxes during the co-ownership relationship. Partition Actions … Read More
A common issue with co-ownership is how to manage rented property. Notably, many times only one of the co-owners allows a third party to lease the co-owned property without the consent or over the objection of the other co-owners. As explained below, the law is that each co-owner may lease the property, but doing so … Read More
Other than forcing the sale of the property through an interlocutory judgment under CCP § 872.720, perhaps the most hotly contested issues in a California partition action are the offsets whereby one co-owner alleges that they have paid more than their fractional share of costs for the property, thereby seeking to recover an excessive down … Read More
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
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
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