Rental Income

Can I Partition an Investment Property?

Yes. In California, you can file a partition action to force the sale of jointly owned investment property, even if the other co-owner does not agree. When co-owners of an investment property disagree on whether to sell, refinance, or manage the property, the situation can quickly become frustrating and financially draining.  Fortunately, California law provides … Read More

How Are Proceeds Divided After a Partition Sale?

When co-owners of real estate can no longer agree on how to manage, use, or sell a property, a partition action becomes the legal solution to resolve the dispute. One of the most common outcomes of a partition action is a partition by sale, where the property is sold, and the proceeds are divided among … Read More

What Evidence is Necessary When Requesting Partition Referee for Offsets?

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

Avoiding Double Counting Errors in Partition Actions

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

Prove Unpaid Rent in a California Partition Action

How to Prove Unpaid Rent in a California Partition Action

Proving Unpaid Net Rental Proceeds Collected by a Co-Owner in a California Partition Action Co-owning a property in California can be a profitable arrangement, particularly when it’s rented out. But what happens if one co-owner collects all the rent, perhaps for decades, but refuses to share the income? In a partition action, you may be … Read More

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