Owning real estate in California can create significant financial opportunity — and significant tax complexity. Whether the property is a residence, rental, inherited asset, or co-owned investment, multiple layers of taxes may apply at different stages of co-ownership. For co-owners in particular, taxes often become critically important when a dispute arises, a buyout is negotiated, … Read More
Inheriting a home can feel like a blessing, but it often turns into a nightmare when one family member refuses to cooperate. A common problem occurs when a sibling or relative moves into the inherited home, refuses to sell, and doesn’t contribute to property expenses. Meanwhile, the other heirs are left paying taxes, insurance, and … Read More
California Probate Code § 11950 is the California probate statute that allows two or more beneficiaries who are entitled to undivided interests in estate property to petition the court for a partition, allotment, or other division of that property. This statute ensures that co-beneficiaries can equitably divide estate property subject to administration and avoid the … Read More
California Probate Code § 11953 is the California probate statute that governs how property should be divided among multiple beneficiaries who hold undivided interests in estate property, i.e., co-ownership. This section ensures that each beneficiary receives a portion of property equal in value to their share of the estate and allows for a sale when … Read More
The right of survivorship determines whether property skips probate—or sparks a legal dispute. In California, this powerful legal principle allows a surviving co-owner to automatically inherit the deceased owner’s share of real estate—but only if title is held in a very specific way. When survivorship rights are not clearly stated in the deed, the property … Read More
Multi-property partitions can become one of the most complicated real estate disputes co-owners face. When co-owners purchase or when families inherit multiple properties together, it doesn’t take long before disagreements arise. Some co-owners want to sell everything, while others insist on keeping certain properties in the family. This raises an important question: Should all properties … Read More
Can you sell inherited property if the other heirs say no? Yes—you can. That answer surprises many California heirs. When multiple heirs inherit real estate in California, it’s not uncommon for disagreements to arise—especially when one heir wants to sell the property but others do not. Many co-owners assume that all heirs must unanimously agree … Read More
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
In California, spouses frequently hold real estate as joint tenants, meaning that if one spouse dies, their interest automatically passes to the surviving spouse by right of survivorship. However, when a marriage dissolves, one spouse may wish to sever the joint tenancy and transfer their half interest to a living trust to ensure the property … Read More
A common misperception in co-ownership of real estate in California is that ex-boyfriends and ex-girlfriends will each get half the proceeds of sale in a partition. This myth is often repeated by exes who put in less than half the money on the property, but want half now that the romantic relationship has ended since … Read More
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