Many co-owners agree that their property should be sold, but end up deadlocked of whose Realtor should be the listing agent. A simple solution is to allow co-listing whereby two listings agents place the property on the market, thereby allowing each co-owner to have an agent they trust handling the sale of the property. This … Read More
As California’s first, most popular, and fastest partition law firm, we are often asked how long a partition will take. Talkov Law generally completes partitions in an average of just 7 months to obtain a settlement or judgment of partition, which is followed by a sale or refinance- all without a trial. Other firms lacking … Read More
Within the law of California real estate co-ownership, among the most common myths in joint tenancy is that an oral agreement can establish prevent the joint tenancy from being severed. California law is clear: it cannot. The same is true for the creation of a joint tenancy. This issue is critical as many joint tenants … 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
The enactment of the Partition of Real Property Act has introduced an interesting legal question regarding whether a waiver of partition may be implied when tenants in common are subject to the Act. This issue is particularly relevant given that partition rights are generally considered absolute unless expressly waived by an enforceable agreement. The Partition … Read More
When co-owners of real estate can no longer agree on how to manage, use, or sell a property, a partition action becomes the legal solution to resolve the dispute. One of the most common outcomes of a partition action is a partition by sale, where the property is sold, and the proceeds are divided among … Read More
For many co-owners facing a partition action, the idea of a court-appointed partition referee can seem intimidating. Some fear that a referee will unfairly take sides, undervalue the property, or create unnecessary delays in the sale process. In reality, partition referees are intended to be neutral professionals whose primary role is to ensure a fair … Read More
When one co-owner asserts that they have contributed more than their fair share towards property costs, a partition action offers an opportunity to reclaim unequal payments for down payments, repairs, improvements, mortgage payments, taxes, or similar expenditures. California partition law mandates an partition accounting in all such cases and the court appointed referee will compile … Read More
Partition actions often result in the sale of co-owned property, leaving the court to determine how the proceeds should be distributed among the co-owners. For co-owners interested in reinvesting their share of the proceeds into like-kind property via a 1031 exchange, complications arise when the court or referee holds the funds beyond the sale’s closing … Read More
In a California partition action, the case management conference promotes timely resolution through an open hearing involving the attorneys and judge. Its purpose, as mandated by California Rules of Court, is to facilitate communication among parties and ensure essential issues are exposed early in the litigation process. However, contrary to what many co-owners may believe, … Read More
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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
The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.
