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Co-Ownership

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

Who is Responsible for Injuries on Jointly Owned Property

Who is Responsible for Injuries on Jointly Owned Property?

Understanding the responsibilities of co-owners can help you protect yourself in cases where negligent ownership causes injuries to your real property. The general legal principle is that co-owners are liable for injuries on jointly owned property regardless of whether the injury is a result of willful actions or lack of ordinary care when managing the … Read More

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

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

Can a Co-Owner Trespass on Jointly Owned Property?

Co-owners who disagree about how to use co-owned property often find themselves in toxic co-ownership relationships. Ending the co-ownership relationship via a partition action, or the forced sale of jointly owned property, can benefit all co-owners in the long run. However, while the property remains co-owned, it’s not uncommon for issues to arise regarding who … Read More

What is the Scope of a Partition Action?

The leading treatise on California real estate law, Miller & Starr, explains that: “All conflicting claims existing between the parties and arising out of their relationship as cotenants can be adjudicated in the partition action.” Miller & Starr, 4 Cal. Real Est. (4th ed.) § 11:18. California Jurisprudence provides that: “In a suit for partition, … Read More

Partition Cover Letter California

Letter Warning of Partition Action [Free Template Form Example]

Can a Letter Solve My Co-Ownership Dispute? With over 100 partition actions currently pending throughout California, Talkov Law’s dedicated partition attorneys have worked with hundreds of co-owners. While some are amenable to a sale or buyout, others are downright unreasonable, though most fall somewhere in between these two extremes. A partition action is usually a … Read More

Personality Types of Co-owners in Partition Actions

While partition attorneys often focus on legal strategies, litigation also involves conflicts and dysfunction between personalities. With about 98% of partition actions that we handle settling before trial, these personality types often demand careful attention to ensure an optimal and expedient resolution. As shown below, certain dysfunctional personality traits require additional attention by parties to … Read More

Civil Code § 683.2(c) - Joint Tenancy Severance After Death is Limited by California Law

Civil Code § 683.2(c) – Joint Tenancy Severance After Death is Limited by California Law

By definition, a joint tenancy is an interest in property in which each party has an equal share in the property. Joint tenants also enjoy the privilege of the right of survivorship, which allows a deceased joint tenant’s interest in a property to automatically pass to the surviving joint tenant(s). If the interest is transferred … Read More

Types of Co-Ownership in California Talkov Law

Types of Co-Ownership in California (Tenants in Common, Joint Tenants, Etc.)

Co-Ownership of Real Property in California “Co-tenancy” is an umbrella term used to describe ownership by several co-owners with undivided interests in the real property. There are four distinct types of co-tenancies (or co-ownerships) recognized by statute in California in which several people can own the same property.[1]California Civil Code 682 Tenancy in Common A … Read More

Civil Code 682 – Severing a Joint Tenancy in California

This article seeks to explain the meaning of a joint tenancy as compared to other forms of co-tenancy, explains the meaning and importance of the severance of a joint tenancy, and explains the means by which a joint tenancy in real estate may be severed. Before or after the severance, jointly owned property can be … Read More

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