Co-owning a home can be a practical solution to rising housing costs, but when circumstances change and you want to sell your partial interest in the property, it raises the question: should you agree to stay on the mortgage or should you be removed from the mortgage? This decision requires careful consideration of several factors … Read More
A partition is often necessary because joint property ownership can swiftly transform from harmonious cohabitation to contentious disputes. Whether it’s the dissolution of a romantic partnership, irreconcilable differences in investment strategies, or disagreements over property usage, many co-owners find themselves looking for ways to end their co-ownership of real property. In such scenarios, where one … Read More
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
Separating from a partner is a difficult position but it is even more complex when an unmarried couple separates after purchasing a property together. Unfortunately, this scenario is common enough that nearly half of all partition cases involve unmarried couples. Depending on whether the goal of a co-owner is to force the sale of the … Read More
It is common for family dynamics to be strained after inheriting real estate because many co-owners are unable to agree on how to manage the property. A co-owner may want to move into the property despite only inheriting 50% and the other co-owners, each holding 25% may want to sell the property and take the … Read More
One of the most common reasons that a partition action is filed is because a co-owner who was previously in a relationship with their other co-owner now wants to sell the house, but their ex refuses. It’s not uncommon for one property owner to add their soon-to-be spouse to the title of their home in … Read More
The Uniform Partition of Heirs Property Act (UPHPA) was a law that was enacted January 1, 2022. It was originally introduced into California’s legislature as Assembly Bill No. 633 and was signed by Governor Gavin Newsom signed in July 2021. The UPHPA provided defendants in a partition action added opportunities to buy out their co-owners. … Read More
California Code of Civil Procedure 873.980 is the California partition statute that addresses that the agreement between co-owners to proceed with a partition by appraisal is binding on third parties. The statute provides that: The provisions of this chapter are cumulative and if, for default or other cause, interests are not transferred and acquired pursuant to this … Read More
California Code of Civil Procedure 873.970 is the California partition statute that addresses that the agreement between co-owners to proceed with a partition by appraisal is binding on third parties. The statute provides that: The agreement binds the heirs, executors, administrators, successors, and assigns of the parties. In the event of default, the aggrieved parties may specifically … Read More
California Code of Civil Procedure 873.960 is the California partition statute that addresses the confirmation of the report the partition referee upon transfer of the property in a partition by appraisal. The statute provides that: At the hearing, the court shall examine the report and witnesses. If the court determines that the proceedings have been regularly conducted, … Read More
For select matters, payment can be deferred until resolution, with monthly billing also available.
Offices Throughout California
Los Angeles Partition Attorneys
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
Orange County Partition Attorneys
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800
San Jose Partition Attorneys
99 S. Almaden Blvd Suite 600
San Jose, CA 95113
Phone: (408) 777-6800
San Diego Partition Attorneys
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300
San Francisco Partition Attorneys
50 California St, Ste 1500
San Francisco, CA 94111
Phone: (415) 966-3300
Riverside Partition Attorneys
3610 Central Ave, Ste 400
Riverside, CA 92506
Phone: (951) 888-3300
Sacramento Partition Attorneys
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300
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