Buyout Archives

Partition Action Timeline: What to Expect from Start to Finish

As California’s first, most popular, and fastest partition law firm, we are often asked how long a partition will take. Talkov Law generally completes partitions in an average of just 7 months to obtain a settlement or judgment of partition, which is followed by a sale or refinance- all without a trial. Other firms lacking … Read More

How Are Proceeds Divided After a Partition Sale?

When co-owners of real estate can no longer agree on how to manage, use, or sell a property, a partition action becomes the legal solution to resolve the dispute. One of the most common outcomes of a partition action is a partition by sale, where the property is sold, and the proceeds are divided among … Read More

Should I Stay on the Mortgage of a Co-Owned House?

Co-owning a home can be a practical solution to rising housing costs, but when circumstances change and you want to sell your partial interest in the property, it raises the question: should you agree to stay on the mortgage or should you be removed from the mortgage? This decision requires careful consideration of several factors … Read More

Why is a Partition Action Needed?

A partition is often necessary because joint property ownership can swiftly transform from harmonious cohabitation to contentious disputes. Whether it’s the dissolution of a romantic partnership, irreconcilable differences in investment strategies, or disagreements over property usage, many co-owners find themselves looking for ways to end their co-ownership of real property. In such scenarios, where one … Read More

My Co-owner Asked for Partition by Sale. Can I Buy Out my Co-owner?

Yes, California Code of Civil Procedure 874.317 is the California partition statute that sets forth the manner in which a co-owner of property can buy out the interests of the other co-owners who requested a sale in a partition action. The purchase price for the buy out under the Partition of Real Property Act is based on … Read More

Can I Remove My Former Fiancé(e) From the Title of My Property?

Separating from a partner is a difficult position but it is even more complex when an unmarried couple separates after purchasing a property together. Unfortunately, this scenario is common enough that nearly half of all partition cases involve unmarried couples. Depending on whether the goal of a co-owner is to force the sale of the … Read More

The Levels of Aggression in Co-ownership Disputes

Levels of Assertiveness in Ending Co-ownership Disputes

Co-owners are often unsure how assertive they need to be to force the sale or buyout of their jointly owned property. Usually, the lack of cooperation of the other co-owners and the monetary amount involved will dictate how assertive a co-owner will need to be to end the co-ownership dispute. As California’s premier law firm … Read More

Can a Co-Owner Buy the Property in the Partition Action?

Yes. While co-owners have the opportunity to purchase each other’s shares, navigating this path can introduce potential disputes and requires adherence to specific state laws and court procedures aimed at co-owners seeking to acquire interests. Exploring the feasibility of a co-owner purchasing property in a partition action merges legal intricacies and strategic considerations within the … Read More