Formerly known as a “lis pendens,” a notice of pendency of action is a written document, recorded with the county recorder that provides constructive notice of a pending court action (i.e. a lawsuit) that affects title to, or possession of, real property.
When Two People Own Property, But One Person Doesn’t Want to Sell Tricks To Save Your House in a Partition Action An experienced partition attorney in California may often be asked whether there are affirmative defenses to a partition under California law. Of course, every defendant wants to win a partition action. While some people … Read More
How Much Does a Partition Action Cost in California?
Often times, divorcing couples decide to allocate their assets by a stipulated marital settlement agreement (MSA) that provides a property division that may not be entirely equal. Creditors, either those during the marriage or those post-separation owed only from the assets of one of the spouses may challenge the transaction as a fraudulent transfer, effectively … Read More
Receiving your equity when forcing the sale of a home in California When co-owners of shared property in California cannot agree on what to do with a property, they may petition the court to force the sale of the property through a partition action. Very often, co-ownership issues go hand-in-hand with financial issues related to … Read More
Effective January 1, 2016, SB 383 severely limits the use of demurrers in California through newly-enacted California Code of Civil Procedure § 430.41.
How To Recover Attorney’s Fees in a Partition Action Co-ownership of real estate in California can be expensive when one co-owner, known in the law as a co-tenant, does not cooperate in the sale of the property. This often occurs when the uncooperative co-tenant is enjoying the benefits of a property without contributing to the … Read More
California courts should allow unpublished opinions to be cited as persuasive authority under statutory judicial notice, despite the no-citation Rule of Court.
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