Accounting of Offsets Archives

Can a Person Move Into My Jointly Owned Home Without My Permission?

Access Rights to Jointly Owned Property A common issue with co-ownership is whether the co-owners can allow third parties to move into the property as roommates. For example, perhaps your co-owner decides to rent out an extra room. Or perhaps they allow their boyfriend or girlfriend to move in. Or maybe they allow an unwanted family member … Read More

Co-Owner's Rights to Lease and Evict Tenants

Can One Owner Lease Out Property that is Jointly Owned?

A common issue with co-ownership is how to manage rented property. Notably, many times only one of the co-owners allows a third party to lease the co-owned property without the consent or over the objection of the other co-owners. As explained below, the law is that each co-owner may lease the property, but doing so … Read More

Code of Civil Procedure § 873.260 (CCP) – Lien on Undivided Interest; Charge on Allotted Share (Partition In Kind)

California Code of Civil Procedure 873.260 is the California partition statute that addresses the impact of a lien against a co-owner’s interest in a property upon division or sale in a partition action in California. The statute provides that: Where a lien is on an undivided interest of a party, the lien shall, upon division … Read More

Can I Recover for Time and Labor on Property Improvements and Management in a California Partition Action?

In a California partition action, certain partition offsets may be recoverable where one party made a unequal contribution to the property. Indeed, the rule is that: “The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity.” [1]California Code of Civil Procedure § … Read More

Interlocutory Judgment of Partition by Sale in California

Interlocutory Judgment of Partition by Sale – The Two Phases of a Partition in California

The independent nature of the statutorily required “interlocutory judgment” in a California partition action is rarely seen among civil litigation judgments, which may cause confusion among those who are not familiar with partition law. Generally, a case has only one judgment, and that judgment answers all issues in the case. Even if that judgment is … Read More

Is There a Statute of Limitations on a Partition Action?

Some co-owners in California wonder if there are any limitations on the time to file a partition action. For example, suppose a co-owner moved out of a property 20 years ago and never paid the taxes. Does that mean that they are no longer a co-owner? As explained below, co-owners do not lose their status … Read More

Milian v. De Leon true joint tenancy in partition actions

True Joint Tenancy in California Partition Actions – Milian v. De Leon

True Joint Tenancy under Milian v. De Leon (1986) 181 Cal.App. 3d 1185, 1195 Milian v. De Leon is one of the most fascinating cases in California partition actions in that it found that, “once the court in a partition action has determined that a true joint tenancy exists, it may not order reimbursement or contribution … Read More

Unequal Down Payments in Property Co-Ownership Disputes & Partition Actions

Unequal Down Payments and Ownership Interests in Property Co-Ownership Disputes (Partition Actions)

One of the most common issues that arises in California real estate co-ownership disputes and related partition actions is the remedy for a party who pays more than their fractional share of the down payment. For example, perhaps Sally and Joe purchase a home together, with Sally paying $100,000 of the down payment, while Joe … Read More

Co-owner out of possession collect rent from co-owner in possession partion lawyer real estate attorney

Can I Collect Rental Value from my Co-Owner in a Partition Action?

It has been well established that co-owners do not forfeit co-ownership rights if they have moved out of a jointly owned property. However, issues can still arise quickly in a partition action when a co-owner in possession (the co-owner who resides at or primarily manages a property) feels that the co-owner out of possession (the … Read More

Ouster What is Ouster How to Prove Ouster Damages

What is an Ouster?

Co-ownership of property can raise many questions about the rights of each owner to the common property. Conversely, that co-ownership relationship can sour, causing one co-owner to seek the benefits of sole ownership- the right to exclude others- without the detriments of sole ownership- paying the full price for the property. What can result is … Read More