Adverse Possession and Co-Ownership
Co-owners often ask whether moving out of a property means giving up their ownership. In California, adverse possession between co-owners is very hard to prove.
Reimbursement for Improvements in Partition Actions
California law allows a co-owner to be compensated for improvements in a partition action, but whether an offset is awarded depends on the circumstances.
Manner of Partition Actions (By Sale, In Kind, & By Appraisal)
California law provides three types of partition: partition by sale, partition in kind, and partition by appraisal. By far the most common is partition by sale.
How to Sever Joint Tenancy in California – Civil Code 683.2
Severing a joint tenancy changes what happens to your share when you die. Here is what severance means, why it matters, and how a co-owner can do it.
Bankruptcy When You Own Property With Someone Else
When a co-owner files bankruptcy, the trustee may sell the whole house, you may have the right to buy it first, and your share of the proceeds still needs protecting. Here is how it works in California.
What is a Constructive Trust in California?
A constructive trust is a court remedy that forces a person holding property they aren’t entitled to to transfer it to the rightful owner. It often comes up in co-ownership disputes.
Title vs. Deed: What’s the Difference?
Title means ownership; a deed transfers an interest in property. Learn how California deeds, title insurance, liens, and mortgages affect co-owners.
Actual Notice vs. Constructive Notice vs. Inquiry Notice vs. Imputed Notice – What is a Bona Fide Purchaser?
Disputes often arise when a buyer claims priority over earlier interests in a property. Bona fide purchaser status depends on California’s rules for actual, constructive, inquiry, and imputed notice.
Statute of Frauds in California Real Estate
The statute of frauds requires certain agreements, including most real estate contracts, to be in writing. Here is how it applies to California real estate.
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Partition by Sale vs. Partition In-Kind [California Real Estate]
Co-owners often disagree about whether to sell the property or divide it. Here is how California courts decide between partition by sale and partition in kind.
What is a Lis Pendens in California Real Estate Law?
Formerly known as a “lis pendens,” a notice of pendency of action is a written document, recorded with the county recorder that provides constructive notice of a pending court action (i.e. a lawsuit) that affects title to, or possession of, real property.
What is the Cost of Partition Action in California?
As partition attorneys in California, we are often asked about the cost of a partition action. Since attorneys are the largest cost, the real question is how much are the attorney’s fees for a partition lawsuit in California?
Partition Offsets and Accounting in California
When co-owners can’t agree, a California court can force a sale. Before the proceeds are split, the court credits co-owners for mortgage payments, taxes, improvements, and rental value.
