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Quiet Title

Will a Judgment Lien Attach if there are Prior Interests

Will a Judgment Lien Attach if a Property is Transferred?

Transferring ownership of a property is a common occurrence in the world of real estate, whether it be through a sale, gift, or inheritance. When a property is transferred from one owner to another, it is essential to publicly record the change in ownership through a legally binding document known as a deed. This deed … Read More

The Impact of an Unrecorded Deed in California Partition Actions

The Impact of an Unrecorded Deed in California Partition Actions

An unrecorded deed in real estate law introduces uncertainty and potential complications. Recording deeds, such as grant deeds and quitclaim deeds, is a crucial step in establishing and protecting property rights. A properly recorded deed serves as constructive notice of ownership. However, an unrecorded deed, one not officially documented in the public records, can have … Read More

Bogus Claims that a Co-Owner is “Merely a Co-Signer” in Partition Actions

Partition Defendants Alleging that their Co-Owner is Only a Co-Borrower Have an Uphill Legal Battle Partition actions sometimes involve disputes over the ownership of the property. This is important due to the requirement that an interlocutory judgment of partition find “the interests of the parties in the property….” Code Civ. Proc. § 872.720(a). This refers … Read More

Equitable Title vs. Legal Title

Quiet title within the context of a partition action in California A partition action is a court-ordered equitable division of property which brings an end to real estate co-ownership disputes by forcing the sale of jointly owned property. Most properties have clear title, meaning that it is clear who the owners of the property are. … Read More

Quiet Title Complaint Sample Template Form Example

Quiet Title Complaint [California Example Form Sample Template]

Quiet Title Complaint Example The real estate attorneys at Talkov Law are well versed in a variety of real estate issues, including quiet title actions. Under the California Code of Civil Procedure §760.010 – §764.010, a quiet title action is a lawsuit filed to “quiet” title to real property, meaning that it seeks to establish … Read More

Civil Code § 683.2(c) - Joint Tenancy Severance After Death is Limited by California Law

Civil Code § 683.2(c) – Joint Tenancy Severance After Death is Limited by California Law

By definition, a joint tenancy is an interest in property in which each party has an equal share in the property. Joint tenants also enjoy the privilege of the right of survivorship, which allows a deceased joint tenant’s interest in a property to automatically pass to the surviving joint tenant(s). If the interest is transferred … Read More

How to Win a Partition Action in California

How to Win a Partition Action

The Tricks to Winning a Partition Action in California A partition action is the only court process in California to end disputes when parties are co-owners (also known as co-tenants) of real property. Indeed, the court must divide the real estate equitably among its co-owners so long as a partition is found to be appropriate.[1]California … Read More

Rights Determinable in a Partition Action

Rights Determinable in a Partition Action

Courts allow for issues relating to co-ownership to be heard in the partition action California Code of Civil Procedure 872.610 states that “The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.” “This is true at least so far as the issues relate to … Read More

CCP 872.620 State of Title; Ascertainment Talkov Law

Code of Civil Procedure 872.620 CCP – State of the Title; Ascertainment (Partition Actions)

California Code of Civil Procedure 872.620 is the California partition statute that allows the court to decide the state of title as part of the partition action. The statute provides that: To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the … Read More

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