Quiet Title and Partition Actions for Co-Ownership Disputes
A quiet title action asks a court to decide who owns property. In co-ownership disputes, it is often paired with a partition action, which ends the co-ownership.
Are Cross-Complaints for Declaratory Relief Proper in a Partition Action?
A cross-complaint for declaratory relief can clarify the parties’ rights in a partition action. But its value is limited for ownership disputes, since ownership is already at issue in every partition.
The Impact of an Unrecorded Deed in California Partition Actions
Recording a deed gives the public notice of ownership. An unrecorded deed creates uncertainty that can complicate a partition action.
When Cosigners Are Co-Owners Under California Evidence Code § 662
Partition defendants who claim their co-owner was only a co-borrower face an uphill battle, because Evidence Code section 662 presumes the person on title is a true owner.
Equitable Title vs. Legal Title
Legal title is who appears on the deed. Equitable title can belong to someone else. The difference often matters when a partition action involves a quiet title dispute.
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Quiet Title Complaint [California Example Form Sample Template]
Quiet title claims often arise alongside partition actions. Here is a sample California quiet title complaint under Code of Civil Procedure sections 760.010 to 764.010.
Civil Code § 683.2(c) – Joint Tenancy Severance After Death is Limited by California Law
Joint tenants have a right of survivorship. California Civil Code section 683.2(c) limits attempts to sever a joint tenancy after a joint tenant has died.
How to Win a Partition Action
A partition action is the court process for ending co-ownership disputes in California. Here are practical strategies for coming out ahead.
California Code of Civil Procedure § 872.610 – Trying the Interests of All Parties in a Partition
Code of Civil Procedure section 872.610 provides that the interests of all parties, plaintiff and defendant alike, may be tried and decided in the partition action.
California Code of Civil Procedure § 872.620 – Determining the State of the Title in a Partition
Code of Civil Procedure section 872.620 lets the court determine the state of the title as part of the partition action.
