Can a Holdout Get a Better Deal in a California Partition Case?
A holdout can sometimes negotiate a better settlement, but refusing to sell does not guarantee extra money. Learn how California partition law changes the calculation.
The Hidden Dangers of DIY Co-Ownership Settlement Agreements
Writing your own co-ownership settlement agreement can seem like a cheap way to avoid litigation. Without a partition attorney, co-owners often set themselves up for serious legal and financial problems.
What Information Should a Co-owner Gather for a Partition Action
The evidence you gather can decide the offsets you receive and your credibility in a partition action. Here are the records co-owners should collect before filing.
Down Payment Gifts in Partition Actions
When one co-owner’s family gives money toward the down payment, it can become a major dispute in a partition action. Here is how courts treat down payment gifts.
Can I Pick the Realtor in a Partition Action?
Co-owners can play an important role in choosing the Realtor in a partition sale, but they don’t necessarily have the final say. Here is how the choice gets made.
What Happens When a Joint Tenant Transfers Their Interest? Understanding Joint Tenancy in California
Joint tenancy includes the right of survivorship. But if one joint tenant transfers their interest during their lifetime, the joint tenancy is severed and survivorship is lost for that share.
How to Prove Unpaid Rent in a California Partition Action
If a co-owner collected all the rent from a shared property, sometimes for years, a partition action lets you recover your share. Here is how to prove it.
Proving Mortgage Payments in a Partition Action Accounting
The court or partition referee may need proof of who paid the mortgage to divide the sale proceeds. Here is how to gather and organize those records, including digital payments.
What is Owelty in Partition Law?
When a property can’t be divided into equal-value parts, the court can order owelty, a payment from the co-owner who receives more to the one who receives less.
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.
Does a Partition Action Result in a Jury Trial?
Generally not. A partition action is an equitable action, so a judge decides it, not a jury. Talkov Law has never seen a partition action go to a jury trial.
How Does the Partition Referee Get Paid?
A partition referee is usually paid at the end of the case, typically from the sale proceeds at the same time the co-owners are paid.
Can You Make Property Improvements During a Partition?
If you want to improve a co-owned property, timing matters. Here are the advantages and disadvantages of paying for improvements at each stage of a partition action.
What is Tenancy in Common?
Tenancy in common is the most common and default form of co-ownership in California. Here is how it works and how it differs from joint tenancy.
What Does a Notice of Private Sale Mean in a Partition Action?
A notice of private sale is a required notice in a partition action. Despite the name, it usually means the referee is marketing the property to the public to get fair market value.
What Is a Partition Lawyer and What Do They Do in California?
A partition lawyer represents co-owners of California property who can’t agree on whether to keep, sell, or buy out the property. The main tool is a partition action asking the court to order a sale or division.
Partition Referees in California
A California partition referee carries out a court-ordered sale or division of co-owned property. Learn what referees do, how they are selected and paid, and how a sale can proceed when a co-owner refuses to cooperate. Includes a California referee directory.
Affidavit of Death of a Joint Tenant (Probate Code § 210)
When a California joint tenant dies, the survivor takes their share by right of survivorship and records an affidavit of death to show the change in ownership. Here is how it works.
Should I Use an Escrow for my Co-owner Buyout?
Use escrow to coordinate a California co-owner buyout. Review the price, liens, loan release, deed, closing deadlines, and protections if financing fails.
Levels of Assertiveness in Ending Co-ownership Disputes
How assertive you need to be to force a sale or buyout depends mostly on how cooperative your co-owner is and how much money is at stake.
Can We Use a Realtor as the Partition Referee?
Yes, but it’s nuanced. A Realtor can serve as a partition referee, though the role involves more than listing the property, so co-owners should weigh the pros and cons.
TIC Agreements (Tenant-in-Common) in California
A tenants in common agreement lets unrelated co-owners share one property, often divided into separate units. Long popular in San Francisco, these agreements are spreading to Los Angeles.
Title Insurance in a Partition Action
A clear and marketable title is essential when property is sold in a partition action. Here is how title insurance protects the sale and the buyer.
Who is Responsible for Injuries on Jointly Owned Property?
Co-owners are generally liable for injuries on jointly owned property, whether or not they caused the problem. Here is how to protect yourself.
Can a Co-Owner Buy the Property in the Partition Action?
Yes. A co-owner can buy the other co-owners’ shares in a partition action, but the process follows specific state laws and court procedures.
