Strategies in Partition Archives

How Much Equity Do I Need to Have in My Home to File a Partition Action?

Any co-owner of real property in California can file a partition action, regardless of the size of their ownership interest. Put simply, if someone owns a mere 1% of a property, they can file a partition complaint. This is because the right to partition in California is absolute. One court explained that “if the party … Read More

Should I Communicate with the Opposing Party During a Partition

Litigation often causes parties to be tempted to speak with one another, perhaps under the belief that the lawyers are causing all of the conflicts and that direct communication will solve the issues. As to whether parties should communicate with each other during partition actions, while there is no rule prohibiting communication between co-owners during … Read More

Did I Accidentally Waive My Right to Partition?

While it is possible for a co-owner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally. It is important to remember that the law as to a “waiver” of the right to partition limits the co-owner’s free alienability in their contractual rights. Because of this, California courts … Read More

Are There Any Specific Rules for Partitioning Agricultural Land?

Different types of land can bring different challenges in a partition action. Agricultural land is no exception. This is especially true given the diverse agricultural industries throughout California, producing nearly $50 billion in revenue in 2018 alone, shown below: Unique Aspects of Agricultural Partition Actions Due to the unique nature of farmland and the variation … Read More

Can a Partition Action Be Avoided Through Negotiation?

In any legal setting, if parties are able to come to an agreement before or during litigation, everyone wins. In the context of co-ownership disputes, this is equally true. With over 100 partition actions currently pending throughout California, Talkov Law’s dedicated partition attorneys have helped to solve co-ownership disputes with hundreds of co-owners. While some opposing parties are amenable … Read More

How Can I Calculate My Share in a Partition?

Co-owners frequently ask our partition attorneys how to calculate their share of money that will be paid in a partition action. As experienced partition attorneys, we can guide you through the process of calculating your equity in a co-owned property in California. First, Determine the Value of the Entire Property The first step to calculate … Read More

Can I Force the Sale of a Jointly Owned Vacation Property?

Owning a vacation property can be a dream come true for owners of real property. That dream can quickly devolve into a nightmare if you own that vacation home with an uncooperative co-owner, however. Indeed, many families buy a vacation property together. However, as the years go by, relationships can become strained through life, death, … Read More

Can I Partition Real Estate Without Going to Court?

A partition action may begin with a complaint filed with the court, but it often ends with a negotiated out-of-court, settlement. With over 180 partition actions currently pending throughout California, Talkov Law’s dedicated partition attorneys have worked with hundreds of co-owners. Based on years of experience, our partition lawyers estimate that 98% of our partition actions settle before trial. Of the … Read More

Can I Force a Real Estate Partition if the Co-owners Disagree?

If the other real estate co-owners are unwilling to agree on a sale or buyout of your share in a property, you can force a sale by pursuing a partition action. At its core, a partition action is a civil lawsuit initiated by owners of real property desiring to sell against those who resist selling. … Read More

Can a Partition Action Be Stopped in California?

How to Stop a Partition Action Generally, the right to a partition action is absolute, meaning that the right to partition a property is achievable by any co-owner, no matter how small or large their interest in the property may be. Once filed with the courts, a partition action cannot be “stopped” by a party … Read More