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
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
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? 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
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
How is a Mortgage Different from a Trust Deed? A mortgage and deed of trust (otherwise known as a “trust deed”) are legal instruments in real estate that allow a lender to secure repayment of a loan. Although a mortgage and a trust deed serve the same purpose, the exact terms of both of each … Read More
The expert panel of legal professionals at the Los Angeles County Bar Association (LACBA) recently reached out to Talkov Law’s founder and lead attorney Scott Talkov and co-author Ed Hays to publish their article in the Los Angeles Lawyer magazine on the newly expanded California homestead exemption. The article, entitled “Protecting the Old Homestead,” is … Read More
This article seeks to explain the meaning of a joint tenancy as compared to other forms of co-tenancy, explains the meaning and importance of the severance of a joint tenancy, and explains the means by which a joint tenancy in real estate may be severed. Before or after the severance, jointly owned property can be … Read More
Community Property Laws Allow Spouses to Give Away No More than Half of the Community Estate, During Life or Upon Death in a Will or Trust While many spouses have tried, the law does not allow a living or deceased spouse to give away more than half of the community property marital estate, including in … Read More
What is the Difference Between a Title and a Deed? If you are wondering what the difference is between a deed and title, you are not alone! The experienced Real Estate and Quiet Title Attorneys at Talkov Law break down the differences between these terms
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