When the majority owner refuses a partition action, you don’t have to stay trapped—California law is on your side. When co-owners of real estate don’t see eye to eye, disputes are inevitable—especially when one party wants to sell, but the majority owner(s) disagrees. Fortunately, California law provides a clear legal path forward for minority owners … 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
In California, a partition is an absolute right for co-owners, however, the right can be waived by properly pleading the right has been waived. This article explains what constitutes a valid waiver and how to properly plead it in court when seeking to enforce a partition waiver. What is a Waiver of Partition? In California, … Read More
Generally a partition action will not result in a jury trial, but will instead be heard by the judge, because a partition is an equitable action. Talkov Law has handled over partition actions throughout California and has never seen a partition action result in a jury trial. In fact, a partition action handled by an experienced … Read More
Facing a partition action from a co-owner can be stressful and confusing. It usually means there’s a disagreement on how to handle or sell a property you both own. Partition actions spring from a myriad of situations, reflecting the diverse and complex relationships property co-owners can have. Whether it’s a disagreement among heirs, a dispute … Read More
Courts have repeatedly concluded that the “fairness” defense to partition found in a 1976 case was impliedly rejected by the 1976 legislation declaring in California that “the right to partition is absolute.” Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325. The Supposed “Fairness” Defense to Partition Defendants in partition actions may attempt to delay or … 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
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
Partition actions in California involve the division of property to provide co-owners with their equity in the property. Most properties are single family residences with no surplus land. Historically, that means that an equitable division will almost always result in a sale unless one co-owner buys out the other. However, AB 1033 suggests that some … Read More
How Do You Beat a Partition Action? Experienced partition attorneys in California are often asked whether there are affirmative defenses to a partition under California law. Of course, every defendant wants to win a partition action. While some people may refer to these as affirmative defenses, it might be best to look them as ways … Read More
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