What is the anti-heart balm statute in California? California’s anti-heart balm statute is a state law that prevents someone from suing their former romantic partner over a broken promise (or promises) that was to be met on the condition of marriage or during the course of the marriage. These statutes arose due to the common … Read More
One of the most common issues that arises in California real estate co-ownership disputes and related partition actions is the remedy for a party who pays more than their fractional share of the down payment. For example, perhaps Sally and Joe purchase a home together, with Sally paying $100,000 of the down payment, while Joe … Read More
It has been well established that co-owners do not forfeit co-ownership rights if they have moved out of a jointly owned property. However, issues can still arise quickly in a partition action when a co-owner in possession (the co-owner who resides at or primarily manages a property) feels that the co-owner out of possession (the … Read More
Answer to a Partition Action Complaint in California When an action for partition is filed, the opposing party has an opportunity to respond to this action by filing an answer. An answer to a partition action is a pleading by the defendant in response to the plaintiff’s complaint for partition. In the answer, defendants have … Read More
California Code of Civil Procedure 872.430 is the California partition statute that specifies that claims for compensatory adjustment may be included in the answer. The statute provides that: The answer may set forth any claim the defendant has for contribution or other compensatory adjustment. California Code of Civil Procedure 872.430 “The Legislative Committee Comment to … Read More
Co-ownership of property can raise many questions about the rights of each owner to the common property. Conversely, that co-ownership relationship can sour, causing one co-owner to seek the benefits of sole ownership- the right to exclude others- without the detriments of sole ownership- paying the full price for the property. What can result is … Read More
California Code of Civil Procedure 873.220 is the California partition statute that determines how a property will be divided in a partition in-kind so as to embrace improvements made to the property by that party. The statute provides that: As far as practical, and to the extent it can be done without material injury to … Read More
Compensation for Improvements When Ending Co-Ownership of Real Property California law allows for compensation for improvements made by one co-owner in partition actions. However, the circumstances in which an offset will be awarded vary with courts also creating varying rulings as to the measure of damages in such an offset between the out-of-pocket cost, the … Read More
California Code of Civil Procedure 873.810 is the California partition statute that allows the court to allocate the proceeds of sale through an accounting of offsets, inclusions, and other claims between the parties. The statute provides that: The court shall order the proceeds of sale and any security therefor to be paid, transferred, deposited in … Read More
California Code of Civil Procedure 873.850 is the California partition statute that allows the court to allocate the proceeds of sale through an accounting of offsets, inclusions, and other claims between the parties. The statute provides that: When the proceeds of the sale belonging to persons who are parties to the action, whether known or … Read More
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