Partition Defenses

My Co-owner Filed a Partition Action Against Me – What Now?

Facing a partition action from a co-owner can be stressful and confusing. It usually means there’s a disagreement on how to handle or sell a property you both own. Partition actions spring from a myriad of situations, reflecting the diverse and complex relationships property co-owners can have. Whether it’s a disagreement among heirs, a dispute … Read More

Fairness Defense Partition California Law Attorney Lawyer

“Fairness” is Not a Defense to Partition

Courts have repeatedly concluded that the “fairness” defense to partition found in a 1976 case was impliedly rejected by the 1976 legislation declaring in California that “the right to partition is absolute.” Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325. The Supposed “Fairness” Defense to Partition Defendants in a partition action may desperately attempt to … Read More

998 Offers in Partition Actions to Force a Settlement - Recovering Costs of Partition

998 Offers in Partition Actions to Force a Settlement

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

How Do I Waive the Right to Partition

Did I Accidentally Waive My Right to Partition?

While it is possible for a co-owner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally. It is important to remember that the law as to a “waiver” of the right to partition limits the co-owner’s free alienability in their contractual rights. Because of this, California courts … Read More

New Law Allows ADUs to be Sold in Partition Actions (Co-Ownership Disputes) (AB 1033)

Partition actions in California involve the division of property to provide co-owners with their equity in the property. Most properties are single family residences with no surplus land. Historically, that means that an equitable division will almost always result in a sale unless one co-owner buys out the other. However, AB 1033 suggests that some … Read More

Right of First Refusal in a California Partition Action

Right of First Refusal in a California Partition Action

What is a Right of First Refusal in a Partition Action? In a California partition action, a right of first refusal is a right given to co-owners that allows them to purchase their other co-owners’ interests before the property is sold to a third party. This gives all co-owners a chance the resolve the co-ownership … Read More

Waiver of Right to Partition in California

When relationships sour and one party wants out of a co-ownership relationship by way of a partition action, the other party may feel betrayed and outraged. These feelings of resentment often manifest themselves in legal proceedings as defendants are quick to claim just about anything to try to delay the inevitable sale of the property … Read More

Code of Civil Procedure 874.312 CCP - Definitions (Partition of Real Property Act)

Code of Civil Procedure 874.312 CCP – Definitions (Partition of Real Property Act)

California Code of Civil Procedure 874.312 is the California partition statute that defines terms used in the Partition of Real Property Act. The terms stated here are used throughout California’s Partition of Real Property Act, which became effective January 1, 2023. For purposes of this chapter, the following definitions apply:(a) “Determination of value” means a … Read More

Can my co-owner contest a partition action

Can my Co-owner Contest a Partition in California?

Can my co-owner contest a partition? When one co-owner wants to initiate a partition action, a common concern that we hear as partition attorneys is whether the other co-owner can contest the partition. The short answer is that your co-owner can contest anything they want; the real issue is whether they will succeed. In some ways, a … Read More

Code of Civil Procedure 874.317 Cotenant buyout of interests Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.317 CCP – Cotenant buyout of interests (Partition of Real Property Act)

California Code of Civil Procedure 874.317 is the California partition statute that sets forth the manner in which a co-owner of property can buy out the interests of the other co-owners once the fair market value of the property has been determined. In conjunction with the appraised valuation process under Code of Civil Procedure 874.316, … Read More

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