While the simple answer is “yes,” the reality of a Realtor serving as a partition referee for a partition action is nuanced and warrants a deeper understanding of the pros and cons of using a Realtor for this function. In turn, this requires an understanding of the responsibilities that partition referees execute. A Realtor, with … Read More
Facing a partition action from a co-owner can be stressful and confusing. It usually means there’s a disagreement on how to handle or sell a property you both own. Partition actions spring from a myriad of situations, reflecting the diverse and complex relationships property co-owners can have. Whether it’s a disagreement among heirs, a dispute … Read More
Whether your property is subject to a partition action or you are transferring ownership through a public sale, a clear and marketable title is essential for a smooth transfer of ownership. Real estate litigation often arises from disputes over property titles, highlighting the importance of a comprehensive title insurance policy. Property buyers and lenders alike … Read More
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
A notice of ouster is a demand to the co-owner in possession for concurrent possession of the property issued by a tenant out of possession. The law requires that “[t]he written demand shall make specific reference to this section [Civil Code § 843] and to the time within which concurrent possession must be offered under … Read More
On Janaury 5, 2024, news broke that reality star Ariana Madix had filed a complaint for partition by sale against long-term (ex) boyfriend Tom Sandoval. The Vanderpump Rules couple owns a Los Angeles house together, but split in 2023 when it was revealed that Tom had been having an affair with their castmate Raquel Leviss. … Read More
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
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
Generally, no, it is not best to informally notify your co-owner that you have hired an attorney to file a lawsuit for partition of the co-owned real property. The general reason that co-owners ask if they should inform their co-owners that they are filing for partition is some perceived moral obligation to provide informal notice … Read More
The leading treatise on California real estate law, Miller & Starr, explains that: “All conflicting claims existing between the parties and arising out of their relationship as cotenants can be adjudicated in the partition action.” Miller & Starr, 4 Cal. Real Est. (4th ed.) § 11:18. California Jurisprudence provides that: “In a suit for partition, … Read More
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