In Yee v. Panrox, a 1995 deed of trust surfaced on the title report before a partition sale. The California Court of Appeal held the debt was settled in 1999, so the revived lender got nothing from the sale.
In Mercola v. Chester, the California Court of Appeal approved a partition sale that repaid the co-owners who funded a building before any profit was split by ownership share.
In Demetris v. Demetris, the California Court of Appeal let a father undo a mistaken joint tenancy deed and convert it to a tenancy in common, repaid the extra $1,000 he put toward his son’s share, and held that a loan on the whole house is paid from all the sale proceeds before the co-owners divide it.
In Southern Adjustment Bureau v. Nelson, the California Court of Appeal held that a co-owner who paid taxes, insurance, and loan payments is repaid the full amount from a partition sale before the rest is split, and showed how repaying only half underpays that co-owner.
In Lazzarevich v. Lazzarevich, the California Supreme Court held that a joint tenant has a right to partition unless waived, and that an unpaid judgment owed to a co-owner cannot defeat that right.
Often not, and the mortgage is usually the reason. When the co-owner who wants out is on the loan, a co-owner buyout generally means paying off that loan or getting the lender to release the departing co-owner, and a replacement loan at today’s rates can cost far more than the old one. If the staying … Read More
In Starcevic v. Pentech, the California Court of Appeal held that a creditor ranked first against a co-owner’s share of partition sale money lost its place when its judgment expired. Under Code of Civil Procedure section 872.040, a partition does not excuse compliance with other property laws.
Not always. Most California partitions that end in a court-ordered sale need a referee, but a court-appointed broker can fill that role, and cases that settle never need one.
In California, a co-owner who wants to sell property damaged by fire, flood, or earthquake generally cannot be forced to fund a rebuild. A partition action lets you sell, even when your co-owner wants to rebuild.
Being stuck on a mortgage with an uncooperative co-owner is hard. Here are the ways to separate yourself from the loan, including a refinance, a buyout, or a partition action.
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.
A recorded judgment lien follows co-owned property into the hands of a buyer, but a transfer made before the lien was recorded may leave nothing to attach. Here is how the rules work.
Many deeds name three or more co-owners without saying how much each owns. That question becomes critical in a partition action. Here are the factors courts consider.
A California partition action can resolve ownership, title disputes, reimbursements, rent, liens, fees, and the sale. Learn its scope, limits, and how the accounting affects your payout.
California lets the co-owner who files a partition ask the court to award attorney’s fees and costs against the other co-owners, usually paid from the sale proceeds.
A section 998 offer lets a co-owner pressure the other side to settle a partition action, because a co-owner who refuses and does worse at trial can be made to bear more of the costs.
Yes. A California co-owner can partition a rental property even with tenants and a good lease. Here is how rent, receivers, tenants, deposits and the sale are handled.
Estimate partition proceeds by accounting for value, debt, sale expenses, ownership shares, and reimbursements. See a worked $1 million sale example.
Code of Civil Procedure section 874.140 addresses how a judgment for unpaid costs of partition can be enforced against a party in a California partition action.
Code of Civil Procedure section 874.130 lets a person holding a lien for partition costs ask the court to order a sale of the property to pay those liens.
Code of Civil Procedure section 873.750 gives the court authority to order the partition referee to complete the sale once the sale is confirmed.
Code of Civil Procedure section 873.745 gives the court authority to set, limit, or divide real estate agents’ commissions on a partition sale.
Code of Civil Procedure section 874.120 makes the costs of a partition action a lien on a co-owner’s share of the property and sets the lien’s priority.
Code of Civil Procedure section 874.110 lets the court order the costs of partition to be paid before the final disbursement to the parties.
Code of Civil Procedure section 874.030 provides that a party who makes disbursements under the court’s direction in a partition action is entitled to interest at the legal rate.
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Practical guides from attorneys who focus exclusively on California partition actions.
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