Partition Offsets & Accounting

Interlocutory Judgment of Partition by Sale in California

Interlocutory Judgment of Partition by Sale – The Two Phases of a Partition in California

The independent nature of the statutorily required “interlocutory judgment” in a California partition action is rarely seen among civil litigation judgments, which may cause confusion among those who are not familiar with partition law. Generally, a case has only one judgment, and that judgment answers all issues in the case. Even if that judgment is … Read More

Hunter v. Schultz - Offset for Rental Value Against Co-Owner in Possession

Offsets for Rental Value Against Co-Owners in Sole Possession – Hunter v. Schultz – California Partition Actions

One of the most common disputes in a partition action arise when the co-owner in sole possession has also been paying all of the expenses. That co-owner often believes that they will collect all of their expenses in an accounting in a partition action. Effectively, the issue is whether the co-owner out of possession can … Read More

Attorney's Fees in a California Partition Action

Attorney’s Fees in a California Partition Action

Attorney’s Fees in a Partition Action in California Of all of the questions we are asked as partition attorneys, questions revolving around attorney’s fees are some of the most common. Co-ownership disputes and an ensuing partition action can be expensive when a co-owner refuses to cooperate with the sale of the property. Even further, recovering … Read More

Code of Civil Procedure 874.321.5 CCP - Apportionment of the costs of partition - Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.321.5 CCP – Apportionment of the Costs of Partition (Partition of Real Property Act)

California Code of Civil Procedure 874.321.5 is the California partition statute that describes how the court will distribute the costs of partition among parties that oppose the partition under the California Partition of Real Property Act. The statute states the following: In an action for partition of property, the court may apportion the costs of partition, including an appraisal … Read More

Who Pays for a Partition Action in California

Who Pays for a Partition Action?

Who is responsible for paying for a partition action in California? As experienced partition attorneys, one of the most common questions we receive is who will pay for legal services related to the partition action. This can include attorney’s fees, filing and court fees, fees associated with fixing up the property in preparation for sale, … Read More

Milian v. De Leon true joint tenancy in partition actions

Milian v. De Leon – True Joint Tenancy in a Partition Action

Milian v. De Leon (1986) 181 Cal.App. 3d 1185, 1195 Milian v. De Leon is one of the most fascinating cases in California partition actions in that it found that, “once the court in a partition action has determined that a true joint tenancy exists, it may not order reimbursement or contribution on account of differences in … Read More

Unequal Down Payments in Property Co-Ownership Disputes & Partition Actions

Unequal Down Payments and Ownership Interests in Property Co-Ownership Disputes (Partition Actions)

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

Co-owner out of possession collect rent from co-owner in possession partion lawyer real estate attorney

Can I Collect Rental Value from my Co-Owner in a Partition Action?

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

CCP 872.430 Claim for Compensatory Adjustment Talkov Law

Code of Civil Procedure 872.430 CCP – Claim for Compensatory Adjustment (Partition Actions)

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 “Section 872.430…avoids the need of … Read More

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