Procedures in Partition

Partition Action Timeline: What to Expect from Start to Finish

As California’s first, most popular, and fastest partition law firm, we are often asked how long a partition will take. Talkov Law generally completes partitions in an average of just 7 months to obtain a settlement or judgment of partition, which is followed by a sale or refinance- all without a trial. Other firms lacking … Read More

Is Waiver a Defense Under the Partition of Real Property Act?

The enactment of the Partition of Real Property Act has introduced an interesting legal question regarding whether a waiver of partition may be implied when tenants in common are subject to the Act. This issue is particularly relevant given that partition rights are generally considered absolute unless expressly waived by an enforceable agreement. The Partition … Read More

How Are Proceeds Divided After a Partition Sale?

When co-owners of real estate can no longer agree on how to manage, use, or sell a property, a partition action becomes the legal solution to resolve the dispute. One of the most common outcomes of a partition action is a partition by sale, where the property is sold, and the proceeds are divided among … Read More

Forcing the Sale after the Death of a Co-Owner Without Probate

Californians with a deceased co-owner can force the sale of the property without going through probate by filing a partition action. In California, the court can proceed with the partition by joining the deceased co-owner’s representative or successor, or simply their estate if their is no representative. This ensures that the property can be sold … Read More

Why Partition Referees Are Essential in a Partition Action

For many co-owners facing a partition action, the idea of a court-appointed partition referee can seem intimidating. Some fear that a referee will unfairly take sides, undervalue the property, or create unnecessary delays in the sale process. In reality, partition referees are intended to be neutral professionals whose primary role is to ensure a fair … Read More

What Evidence is Necessary When Requesting Partition Referee for Offsets?

What Evidence is Necessary When Requesting Partition Referee for Offsets?

When one co-owner asserts that they have contributed more than their fair share towards property costs, a partition action offers an opportunity to reclaim unequal payments for down payments, repairs, improvements, mortgage payments, taxes, or similar expenditures. California partition law mandates an partition accounting in all such cases and the court appointed referee will compile … Read More

Why Past Consideration Cannot Support a Contract in California

In California contract law, past consideration cannot form the basis of an enforceable contract. This principle plays a crucial role in real estate and partition disputes, where parties may attempt to retroactively classify a past financial transaction—such as a gift—as a secured loan. This is common in intra-family partitions and ex-boyfriend/ex-girlfriend partitions. Courts have repeatedly … Read More

1031 Exchanges in Partition Actions

Partition actions often result in the sale of co-owned property, leaving the court to determine how the proceeds should be distributed among the co-owners. For co-owners interested in reinvesting their share of the proceeds into like-kind property via a 1031 exchange, complications arise when the court or referee holds the funds beyond the sale’s closing … Read More

What is the Purpose of a Case Management Conference in a California Partition Action?

What is a Case Management Conference in a Partition Action?

In a California partition action, the case management conference promotes timely resolution through an open hearing involving the attorneys and judge. Its purpose, as mandated by California Rules of Court, is to facilitate communication among parties and ensure essential issues are exposed early in the litigation process. However, contrary to what many co-owners may believe, … Read More

Hoarders in Co-Owned Properties – Partition Actions in California

When co-owners of real estate disagree on what to do with a property, a partition action is often the best legal solution to force a sale. However, disputes become even more complicated when one of the co-owners is a hoarder. A property filled with excessive clutter, debris, or hazardous conditions can significantly reduce market value, … Read More

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Offices Throughout California

Los Angeles Partition Attorneys
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300

Orange County Partition Attorneys
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800

San Jose Partition Attorneys
99 S. Almaden Blvd Suite 600
San Jose, CA 95113
Phone: (408) 777-6800

San Diego Partition Attorneys
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300

San Francisco Partition Attorneys
50 California St, Ste 1500
San Francisco, CA 94111
Phone: (415) 966-3300

Riverside Partition Attorneys
3610 Central Ave, Ste 400
Riverside, CA 92506
Phone: (951) 888-3300

Sacramento Partition Attorneys
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300

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