Partition FAQ Archives - Page 3 of 4

How Can I Calculate My Share in a Partition?

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

Can I Force the Sale of a Jointly Owned Vacation Property?

Owning a vacation property can be a dream come true for owners of real property. That dream can quickly devolve into a nightmare if you own that vacation home with an uncooperative co-owner, however. Indeed, many families buy a vacation property together. However, as the years go by, relationships can become strained through life, death, … Read More

Can I Partition Real Estate Without Going to Court?

A partition action may begin with a complaint filed with the court, but it often ends with a negotiated out-of-court, settlement. With over 180 partition actions currently pending throughout California, Talkov Law’s dedicated partition attorneys have worked with hundreds of co-owners. Based on years of experience, our partition lawyers estimate that 98% of our partition actions settle before trial. Of the … Read More

Can I Force a Real Estate Partition if the Co-owners Disagree?

If the other real estate co-owners are unwilling to agree on a sale or buyout of your share in a property, you can force a sale by pursuing a partition action. At its core, a partition action is a civil lawsuit initiated by owners of real property desiring to sell against those who resist selling. … Read More

Can a Partition Action Be Stopped in California?

How to Stop a Partition Action Generally, the right to a partition action is absolute, meaning that the right to partition a property is achievable by any co-owner, no matter how small or large their interest in the property may be. Once filed with the courts, a partition action cannot be “stopped” by a party … Read More

I Own 33% of a Property. What Are My Rights?

Many co-owners with a minority interest in a property assume they have minimal rights. Fortunately for minority co-owners of property, they have many rights. Your Rights as a 33% Property Owner When it comes to California partition law, a minority co-owner in California real estate has the right to force the sale through a partition … Read More

When Do I Need a Partition Action?

Everything You Need to Know About California Partition Actions

How to Find the Right Partition Attorney

It is important to find the right attorney to represent you in a partition action. Indeed, co-owners in a partition action almost universally want the same thing: The best result in the least amount of time with the lowest attorney’s fees. To achieve these goals, look for the following signals that you’ve found the right … Read More

What Are the Pros and Cons of a Partition Action?

As there is with all decisions, there are upsides and downsides to a partition action. Partition actions can be a complicated process and there are many benefits and challenges to this legal process. Thus, it is very important to understand both the pros and cons of partition in order to help you determine if partition … Read More

What Are My Rights as a 50% Owner of California Real Estate?

Your Rights as a 50% Property Owner Many people in California own property with another person, whether this is by choice (such as purchasing a home with a partner) or not (such as inheriting a home with a sibling). The most common form of co-ownership is 50/50 ownership, which generally arises from a deed granting … Read More