Partition actions in California are legal proceedings that allow co-owners of real estate to divide and distribute the property among themselves. However, partition actions can be a source of conflict and dispute when co-owners are not able to agree on how to divide the property. This was the case for Willmon v. Koyer in 1914, … Read More
When a co-owner files for bankruptcy in a partition, the bankruptcy trustee or debtor-in-possession may seek to sell the co-owned property under Section 363(h) of the Bankruptcy Code (11 U.S.C. Section 363(h)). However, the Bankruptcy Court is empowered to apply California law on co-ownership offsets to ensure that the proceeds are equitably divided. These bankruptcies … Read More
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
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 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
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 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
True Joint Tenancy under 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 … Read More
What is the anti-heart balm statute in California? California’s anti-heart balm statute is a state law that prevents someone from suing their former romantic partner over a broken promise (or promises) that was to be met on the condition of marriage or during the course of the marriage. These statutes arose due to the common … Read More
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
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