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Real Estate Law

Who is Responsible for Injuries on Jointly Owned Property

Who is Responsible for Injuries on Jointly Owned Property?

Understanding the responsibilities of co-owners can help you protect yourself in cases where negligent ownership causes injuries to your real property. The general legal principle is that co-owners are liable for injuries on jointly owned property regardless of whether the injury is a result of willful actions or lack of ordinary care when managing the … Read More

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

What is Real Property?

Real property, in the realm of real estate law, constitutes the foundation of partition actions and other countless legal disputes and litigation. Understanding the intricacies of real property is crucial for anyone involved in real estate, whether as property owners, buyers, sellers, or lenders. Defining Real Property Real property, often referred to simply as “real … Read More

Grace vs. NAR Realtor Commission Lawsuit Will Disrupt California Real Estate

The $1.8b judgment in the Sitzer/Burnett Realtor commission class action lawsuit in Missouri federal court will change California real estate forever in ways that will benefit real estate attorneys and California consumers. Notably, the class action case of Christine Grace vs National Association of Realtors (NAR) was filed in California federal court on December 8, … Read More

Affirmative Defenses Partition Action California Attorney Lawyer

Affirmative Defenses to a Partition Action in California

How do you beat a partition action? Experienced partition attorneys in California are often asked whether there are affirmative defenses to a partition under California law. Of course, every defendant wants to win a partition action. While some people may refer to these as affirmative defenses, it might be best to look them as ways … 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

Evicting a Sibling from an Inherited House Real Estate Attorney

Evicting a Sibling from an Inherited House in California

Inheriting a Home with Siblings in California It is extremely common for family members to pass down real estate to younger generations. Parents, grandparents, aunts, uncles, and other family members may choose to leave their valuable California real estate assets to family members they know and love. Commonly, siblings inherit a home together from a … Read More

Forcing the Sale of Inherited House in California

Forcing the Sale of an Inherited House in California

Can I Force the Sale of Inherited Property? Understanding exactly what to do after a close family member passes away is one of the most difficult things someone can go through. Before asking whether both owners have to sign to sell a house, a whirlwind of confusion and sadness makes decision making near impossible, especially … Read More

What is a Quitclaim Deed in California Lawyer Real Estate Attorney

What is a Quitclaim Deed in California?

What is a Quitclaim Deed? A quitclaim deed is an instrument used in real estate transactions that transfers an interest in real property without warranty of title. Miller and Starr, the leading secondary source on California real estate, defines a quitclaim deed as one that: “transfers to the grantee all of the right, title, and … Read More

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