Strategies in Partition Archives

What Happens If Your Co-Owner Dies During a Partition Action?

Partition actions are already challenging, but the unexpected death of a co-owner introduces additional complexity. If this happens, your next steps depend on whether the deceased co-owner had an attorney, their ownership structure, and the status of the case. Here’s what to do, including how to handle situations where the co-owner was a trustee of … Read More

How Wildfires Can Affect Partition Actions in Los Angeles

Wildfires are an unfortunate reality in Southern California, with devastating impacts on property owners. For those who co-own property, wildfires can create unique challenges that lead to serious disputes. As the #1 partition lawyers in Los Angeles, we’ve seen how these natural disasters can amplify existing tensions or create new disagreements between co-owners, sometimes leaving … Read More

The Importance of Valuation under the Partition of Real Property Act – California Code of Civil Procedure Section 874.320

Partition actions are often complex, involving multiple co-owners with competing interests in the division or sale of a property. While many parties understand the importance of a fair valuation in cases involving buyouts under California Code of Civil Procedure Section 874.317, the significance of valuation extends beyond buyout scenarios. Even when no buyout is sought, … Read More

Why a Holdout in a Partition Case Often Gets a Better Deal

Why the Holdout in a Partition Case Sometimes Gets a Better Deal

When co-owners of property find themselves at odds over whether to sell, a common scenario unfolds: one party wants to cash out, while the other digs in their heels and refuses to sell. While this type of stalemate might seem like a no-win situation, the reality is that the holdout often ends up with the … Read More

The Hidden Dangers of DIY Co-Ownership Settlement Agreements

When co-owners of real estate face disputes, drafting a co-ownership settlement agreement often seems like a logical and cost-effective way to avoid litigation. However, when co-owners draft these agreements without a skilled partition attorney, they unknowingly set themselves up for significant legal and financial risks. The most glaring danger? Trading the straightforward and cost-effective remedy … Read More

What Information Should a Co-owner Gather for a Partition Action

In a partition action, gathering evidence to substantiate improvements or to prove your opposing party wrong is crucial. This evidence can significantly impact the offsets awarded and the credibility of your case. In this article, seasoned partition attorneys at Talkov Law share the variety of evidence that co-owners preparing for a partition may want to … Read More

Overestimation of Contributions in Co-ownership Disputes - Talkov Law

Overestimation of Contribution Bias in Co-ownership

Co-owning property with someone else can feel like a partnership—until it’s time to divide what’s yours. Disputes often arise because people tend to believe they contributed more than their fair share. This isn’t always intentional. It’s often due to something called overestimation of contribution bias, a common psychological tendency where people remember their own efforts … Read More

Can I Pick the Realtor in a Partition Action?

When a partition action calls for the sale of real property, picking a Realtor is a pivotal step. Co-owners can have an important role in selecting the Realtor, but they do not necessarily have the final authority on who will serve as the property’s Realtor. This article will explore the complexities and strategies surrounding the … Read More

What Information Should a Co-owner Gather to Prove Mortgage Payments for a Partition Action?

Proving Mortgage Payments in a Partition Action Accounting

When co-owned property results in a partition action, the court or partition referee may require evidence of who paid the mortgage to divide the proceeds of sale. This article explains how to meticulously gather and organizing documents, including digital payment records between co-owners, to allow co-owners to present a compelling case to prove and recover … Read More

Selling Inherited Co-Owned Property to Move Out of California

For those who inherit co-owned homes in California, the decision to keep or sell the property is increasingly influenced by the financial benefits of relocating to less expensive areas. In the past few years, Californians have been relocating to states where their money stretches further, thereby improving the quality of life. This article delves into … Read More