Related Issues Archives

How to Sell Property After Co-owner’s Death

When real property is held by a co-owner who has passed away, California law allowed the remaining co-owners to sell property by filing a partition action. This means that co-owners do not need to wait for a probate action to be filed or wait to find out who will be the successor trustee of the … Read More

I Inherited a House with a Mortgage. Can the Lender Make me Refinance?

Due on Sale Clause Inapplicable Based on Death No. If you inherit a property, or a fractional interest in real estate, there is generally no need to contact the lender to negotiate or otherwise ask for approval to keep paying the loan each month. The commonly believed issue is that the transfer to heirs of … Read More

How to Remove Co-owner From a Mortgage

Navigating a mortgage with an uncooperative co-owner can be challenging, but Talkov Law’s partition attorneys have mastered the art of helping unsatisfied co-owners break the cycle of disagreement with a partition action. This article explores methods for disentangling oneself from the mortgage agreement by removing your co-owner. 3 Quick Fixes to Try 1. Check if … Read More

My Co-owner is Not Paying the Mortgage

If your co-owner is not paying the mortgage, this may be an early sign of a co-ownership dispute. In many scenarios where a co-owner is unwilling to contribute to a co-owned property, there will be disagreements on the disposition of property and how to manage the liabilities that accompany real property ownership. Or, perhaps the … Read More

Affidavit of Death of a Joint Tenant (Probate Code § 210)

The fundamental rule of joint tenancy is the right of survivorship, by which the public learns about the current ownership through a recorded affidavit of death of joint tenant. This article explains joint tenancy and what to do when a joint tenant dies. What is Joint Tenancy? Joint tenancy, also known as joint tenancy with … Read More

Rising Interest Rates #1 Issue in Partitions

Rising Interest Rates on Co-Owner Buyouts in a Partitions

The rise of interest rates that started in mid-2022 is a common concern tor co-owners considering a partition action to end their co-ownership of real property. This is because co-owner buyouts, as are common outcome of a partition action, can be harder to accomplish when the buying co-owner must borrow money at a higher interest … 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

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

Civil Code § 1181.1 – Remote Online Notarization (RON) in California

California is slowly allowing remote online notarization, first through notaries from states that allow online notarization, then eventually through online notarization performed by California notaries. This means that California residents while in California can notarize documents online without a paper copy that is shuffled around the state, being lost in the mail or otherwise. Out … Read More

Can One Co-Owner Take Out a Loan on a Jointly Owned Property?

Co-ownership disagreements can easily boil over when multiple parties own real property, especially when one party has taken out loans without the consent of their co-owner(s). The remaining co-owners want to be sure that their equity in the property is still available to them even if their co-owner has encumbrances on the property, including mortgages, … Read More