When a co-owner refuses to communicate about selling jointly owned property, California law allows you to force a resolution through a partition action. For the co-owner seeking a resolution, this lack of response can feel like being trapped in a situation with no clear path forward. Why Co-Owners Refuse to Communicate It is common for … Read More
Co-ownership with a divorcing couples presents a challenge to force the sale of a property when a co-owner wants out due to the high burden of Family Code § 2108. This is where a partition action often becomes the more powerful legal tool. What Does Family Code Section 2108 Do? California Family Code Section 2108 … Read More
When co-owners of real estate in California can no longer agree on what to do with a property, a partition action allows one or more owners to force the sale of jointly owned property through the court. Partition actions are common when siblings inherit property, unmarried couples buy homes together, or investors disagree about whether … Read More
Mental illness can create challenges, with property co-ownership being particularly challenging under California law. From refusal to sell to unpaid expenses, behavioral health concerns can complicate co-ownership and often lead to property disputes. Conditions like anxiety, depression, or substance use disorders may cause communication breakdowns, financial mismanagement, or outright refusal to cooperate. These issues often … Read More
In California, a partition is an absolute right for co-owners, however, the right can be waived by properly pleading the right has been waived. This article explains what constitutes a valid waiver and how to properly plead it in court when seeking to enforce a partition waiver. What is a Waiver of Partition? In California, … Read More
Courts have repeatedly concluded that the “fairness” defense to partition found in a 1976 case was impliedly rejected by the 1976 legislation declaring in California that “the right to partition is absolute.” Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325. The Supposed “Fairness” Defense to Partition Defendants in partition actions may attempt to delay or … Read More
There are countless reasons that a co-ownership relationship may be coming to end. Perhaps a romantic relationship between co-owners has ended, but both parties are still on title. Maybe siblings have inherited a family home but one wants to stay on the property and the other wants their share of their inheritance. Or maybe years … Read More
While it is possible for a co-owner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally. It is important to remember that the law as to a “waiver” of the right to partition limits the co-owner’s free alienability in their contractual rights. Because of this, California courts … Read More
When relationships sour and one party wants out of a co-ownership relationship by way of a partition action, the other party may feel betrayed and outraged. These feelings of resentment often manifest themselves in legal proceedings as defendants are quick to claim just about anything to try to delay the inevitable sale of the property … Read More
Can my co-owner contest a partition? When one co-owner wants to initiate a partition action, a common concern that we hear as partition attorneys is whether the other co-owner can contest the partition. The short answer is that your co-owner can contest anything they want; the real issue is whether they will succeed. In some ways, a … Read More
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