Partition Offsets & Accounting

Ouster What is Ouster How to Prove Ouster Damages

What is an Ouster?

Co-ownership of property can raise many questions about the rights of each owner to the common property. Conversely, that co-ownership relationship can sour, causing one co-owner to seek the benefits of sole ownership- the right to exclude others- without the detriments of sole ownership- paying the full price for the property. What can result is … Read More

Reimbursement for Improvements in Partition Actions Talkov Law

Reimbursement for Improvements in Partition Actions

Compensation for Improvements When Ending Co-Ownership of Real Property California law allows for compensation for improvements made by one co-owner in partition actions. However, the circumstances in which an offset will be awarded vary with courts also creating varying rulings as to the measure of damages in such an offset between the out-of-pocket cost, the … Read More

CCP 873.810 Court order of disbursement Talkov Law

Code of Civil Procedure 873.810 – Court order of Disbursement (Partition by Sale)

California Code of Civil Procedure 873.850 is the California partition statute that allows the court to allocate the proceeds of sale through an accounting of offsets, inclusions, and other claims between the parties. The statute provides that: The court shall order the proceeds of sale and any security therefor to be paid, transferred, deposited in … Read More

CCP 873.850 Continuance of action between parties if proceeds not allocated; determination Talkov Law

Code of Civil Procedure 873.850 – Continuance of Action Between Parties if Proceeds Not Allocated; Determination (Partition Actions)

California Code of Civil Procedure 873.850 is the California partition statute that allows the court to allocate the proceeds of sale through an accounting of offsets, inclusions, and other claims between the parties. The statute provides that: When the proceeds of the sale belonging to persons who are parties to the action, whether known or … Read More

Wallace v. Daley Talkov Law

Wallace v. Daley – Accounting in California Partition Actions

Wallace v. Daley (1990) 220 Cal.App. 3d 1028 Perhaps the most frequently cited case in all of California partition law is Wallace v. Daley (1990) 220 Cal.App. 3d 1028, which sets forth the general principle that every partition will include an accounting of offsets. The famous quote from Wallace v. Daley is that: Every partition … Read More

CCP 872.140 Compensatory Adjustment Partion Lawyer California

Code of Civil Procedure 872.140 CCP – Compensatory adjustment among parties; equity (Partition Actions)

California Code of Civil Procedure 872.140 is the California partition statute that allows the court to distribute the proceeds of sale in a partition in an equitable manner. The statute provides that: The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity. … Read More

Code of Civil Procedure 874.010 CCP - Inclusions, Allowance and Apportionment of Costs of Partition

Code of Civil Procedure 874.010 CCP – Inclusions, Allowance and Apportionment of Costs of Partition (Partition Actions)

California Code of Civil Procedure 874.010 is the California partition statute that allows the court to order certain costs of the partition to be allowed and apportioned between the parties. The statute provides that: The costs of partition include: (a) Reasonable attorney’s fees incurred or paid by a party for the common benefit. (b) The … Read More

Code of Civil Procedure 874.040 CCP Apportionment of Costs

Code of Civil Procedure 874.040 CCP – Apportionment of Costs (Partition Actions)

California Code of Civil Procedure 874.040 is the California partition statute that allows the court to apportion costs between the co-owners from the proceeds of sale of the property. The statute provides that: Except as otherwise provided in this article, the court shall apportion the costs of partition among the parties in proportion to their … Read More

Recovery of Offsets for Attorney's Fees Talkov Law

Partition Offsets and Accounting in California

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

Real Estate Law

The Trick to Recovering Partition Attorney’s Fees Against an Uncooperative Co-Tenant

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

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