CCP 872.140

Can I Make Improvements to a Property in a Partition?

Can You Make Property Improvements During a Partition?

While you may want to make improvements to a co-owned property, you may want to consider the timing in relation to when you file a partition. This article will discuss the advantages and disadvantages of allocating funds for property improvements depending on where you are in filing a partition action. Should You Make Improvements Before … Read More

Tricks to Remove Co-Owner from House Title

Tricks to Remove Co-Owner from House Title

The law allows any co-owner to remove another co-owner on the property title with or without their agreement through a quiet title action, or partition action, and by a deed with agreement. By Agreement – A Deed from the Co-Owner While it may seem obvious, a co-owner can be removed from the title to the … Read More

Recovering Repairs and Improvements in a Partition Action

Recovering Repairs and Improvements in a Partition Action

Co-owner often seek to recover their unequal payments relating to the repairs and improvements to the co-owned property in a partition action. While the law sometimes conflates repairs and improvements, the law favors improvements, but may not always allow ordinary repairs to be recovered in a partition action. The Law on Recovery of Repairs and … Read More

Demurrers Under Sham Pleading Doctrine and Truthful Pleading Requirement

Demurrers Under Sham Pleading Doctrine and Truthful Pleading Requirement

In California real estate litigation a demurrer is proper where: “The pleading does not state facts sufficient to constitute a cause of action.” Code Civ. Proc. § 430.10(e). Indeed: “A general demurrer may be effective where there appears to be no legal authority for plaintiff’s claim.” Demurrers, Cal. Prac. Guide Civ. Pro. Before Trial Ch. … Read More

How Can I Calculate My Share in a Partition

How Can I Calculate My Share in a Partition?

Co-owners frequently ask our partition attorneys how to calculate their share of money that will be paid in a partition action. As experienced partition attorneys, we can guide you through the process of calculating your equity in a co-owned property in California. First, Determine the Value of the Entire Property The first step to calculate … Read More

What to do When Your Co-Owner Refuses to Pay the Taxes

What to do When Your Co-Owner Refuses to Pay the Taxes

During the partition process, parties are entitled to request that the court divide the proceeds of sale in a manner that includes uneven payments by parties for expenses such as taxes. This is great news for a co-owner who paid more than their fair share of the property taxes during the co-ownership relationship. Partition Actions … Read More

Partition Referee Reports on Offsets and Accounting Talkov Law Partition Attorneys

Partition Referee Reports on Offsets & Accounting

Other than forcing the sale of the property through an interlocutory judgment under CCP § 872.720, perhaps the most hotly contested issues in a California partition action are the offsets whereby one co-owner alleges that they have paid more than their fractional share of costs for the property, thereby seeking to recover an excessive down … Read More

Code of Civil Procedure § 873.250 (CCP) – Owelty (Partition In Kind)

California Code of Civil Procedure 873.250 is the California partition statute that addresses owelty payments in a partition action involving partition in-kind in California. The statute provides that: (a) Where division cannot be made equally among the parties according to their interests without prejudice to the rights of some, compensation may be required to be … 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

Bankruptcy Co-Ownership Offset Disputes - Applying Partition Laws in a Section 363(h) Sale of Co-Owned Property - In re Flynn (B.A.P. 9th Cir. 2003)

Bankruptcy Co-Ownership Offset Disputes – Applying Partition Laws in a Section 363(h) Sale of Co-Owned Property – In re Flynn, 297 B.R. 599 (B.A.P. 9th Cir. 2003)

When a co-owner files for bankruptcy in a partition, the bankruptcy trustee or debtor-in-possession may seek to sell the co-owned property under Section 363(h) of the Bankruptcy Code (11 U.S.C. Section 363(h)). However, the Bankruptcy Court is empowered to apply California law on co-ownership offsets to ensure that the proceeds are equitably divided. These bankruptcies … Read More

Talkov Law is Rated 5 out of 5 stars based on 38 customer reviews.

Contact Us Today for a Free Consultation & Pay No Retainer

Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down







      Awards and Recognition

      US News and World Report Scott Talkov

      We Have Been Featured On:

      The Real Deal

      The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.