Partition Procedures

How to Get a Default Judgment in Partition Action

How to Get a Default Judgment in Partition Action

When defendants in a partition action ignore the summons and complaint, the plaintiff is entitled to obtain a default judgment ordering that the property be partitioned, usually by a forced sale. Indeed, some co-owners fail to respond to attempts to discuss the use, management, or sale of the property. When this occurs out of court, … Read More

Why Do Courts Allow Partition Actions California Lawyer Attorney Law Firm

Why Do Courts Allow Partition Actions?

Courts allow partition actions in California as a legal remedy to resolve co-ownership disputes. In a partition action, the co-owned property is either divided or sold with each co-owner receiving their equitable interest. Some co-owners wonder if a judge can really force the sale of a property they have lived in for years. Further, some … Read More

Tricks to Remove Co-Owner from House Title

Tricks to Remove Co-Owner from House Title

The law allows any co-owner to remove another co-owner on the property title with or without their agreement through a quiet title action, or partition action, and by a deed with agreement. By Agreement – A Deed from the Co-Owner While it may seem obvious, a co-owner can be removed from the title to the … Read More

California Code of Civil Procedure 2016.090 CCP Initial Disclosures 2024 New Law SB 235

Code of Civil Procedure § 2016.090 (CCP) – Initial Disclosures (2024 New Law)

Effective January 1, 2024, California has instituted new mandatory early discovery disclosures in all civil cases by way of California Code of Civil Procedure (CCP) 2016.090. This article outlines what litigators will need to know to handle their initial disclosure obligations and to use this as an effective tool to resolve disputes, including the partition … Read More

How Long Does a Partition Action Take

How Long Does a Partition Action Take?

How Long Does It Take to Partition a Property? A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. The most significant factor is whether the partition is being handled by an attorney who practices only in partition law. Other factors include whether court involvement … Read More

Who Pays for a Partition Action in California

Who Pays for a Partition Action?

California law allows the party filing a partition action to request that the court award their attorney’s fees and costs from the other co-owners. Attorneys fees are most likely to be granted against an uncooperative defendant. These fees are generally paid from the proceeds of sale of the property.  In fact, the recovery is not … Read More

Partition Action Checklist

Partition Action Eligibility Checklist

There are countless reasons that a co-ownership relationship may be coming to end. Perhaps a romantic relationship between co-owners has ended, but both parties are still on title. Maybe siblings have inherited a family home but one wants to stay on the property and the other wants their share of their inheritance. Or maybe years … Read More

Do I Name a Lender in a Partition Action

Do I Name a Lender in a Partition Action?

Deciding who to name in a partition complaint can be daunting for litigants and partition attorneys. California Code of Civil Procedure 872.510 provides as follows: “The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from an inspection of … 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

Demurrers Under Sham Pleading Doctrine and Truthful Pleading Requirement

Demurrers Under Sham Pleading Doctrine and Truthful Pleading Requirement

In California real estate litigation a demurrer is proper where: “The pleading does not state facts sufficient to constitute a cause of action.” Code Civ. Proc. § 430.10(e). Indeed: “A general demurrer may be effective where there appears to be no legal authority for plaintiff’s claim.” Demurrers, Cal. Prac. Guide Civ. Pro. Before Trial Ch. … Read More

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