How Long Does It Take to Partition a Property? A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. The most significant factor is whether the partition is being handled by an attorney who practices only in partition law. Other factors include whether court involvement … Read More
An assumable mortgage is one where the buyer assumes the existing mortgage of the seller. When the mortgage is assumed, the seller is often no longer responsible for the debt. As it relates to co-ownership, the buying co-owner would thus assume the full liability for the mortgage, thereby relieving the selling co-owner. One reason buyers … Read More
How to Force Your Co-owner to Settle a Partition Action by Threatening to Recover the Costs of Partition Co-owners in a partition action can harness the power of a 998 offer by threatening to recover the costs of partition if the other side doesn’t accept the offer. The costs of partition can include partition attorney’s … Read More
An investment property with tenants can be partitioned, but some unique issues can arise during a partition of a tenant-occupied property. These cases can involve rented single-family homes, or they can be the partition of commercial properties, including apartments, office buildings, or industrial properties. When a rental property becomes the subject of a partition action, … Read More
Throughout the course of a partition action, there may come a time when the appointment of a receiver is requested by one of the co-owners. While some parties use the term receiver to mean a partition referee, this blog uses the term receiver in the broadest context as it used throughout the law. But what … Read More
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 βif the party … Read More
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
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
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
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 Lawβs dedicated partition attorneys have helped to solve co-ownership disputes with hundreds of co-owners. While some opposing parties are amenable … Read More
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