Delaying a partition action isn’t just waiting—it’s risking your rights and your wallet. While some co-owners promptly file a partition action when the relationship has clearly ended, others hang on for hope that something will make the problem go away. However, delaying a partition action can turn a simple real estate dispute into a legal … Read More
When the majority owner refuses a partition action, you don’t have to stay trapped—California law is on your side. When co-owners of real estate don’t see eye to eye, disputes are inevitable—especially when one party wants to sell, but the majority owner(s) disagrees. Fortunately, California law provides a clear legal path forward for minority owners … Read More
The enactment of the Partition of Real Property Act has introduced an interesting legal question regarding whether a waiver of partition may be implied when tenants in common are subject to the Act. This issue is particularly relevant given that partition rights are generally considered absolute unless expressly waived by an enforceable agreement. The Partition … Read More
When co-owners of real estate disagree on what to do with a property, a partition action is often the best legal solution to force a sale. However, disputes become even more complicated when one of the co-owners is a hoarder. A property filled with excessive clutter, debris, or hazardous conditions can significantly reduce market value, … Read More
Partition actions involve dividing co-owned property, which can be a complex and costly legal process. The Partition of Real Property Act in California guides how these costs should be allocated among the co-owners, focusing on fairness and the specific circumstances of each case. This article explores the principles behind the allocation of partition costs and … Read More
How to Force Your Co-owner to Settle a Partition Action by Threatening to Recover the Costs of Partition Co-owners in a partition action can harness the power of a 998 offer by threatening to recover the costs of partition if the other side doesn’t accept the offer. The costs of partition can include partition attorney’s … Read More
Co-owners of real estate are always hoping to reduce the cost of a partition, which is a lawsuit that attempts to divide co-owned property, generally by forcing a sale and division of the proceeds. On October 31, 2023, the National Association of Realtors and large residential brokerages were found liable for about $1.8 billion in … Read More
California Code of Civil Procedure 874.130 is the California partition statute that gives the court the authority to order a judgment for the benefit of lien claimants after a partition. The statute provides that: Upon application of a person entitled to a lien imposed under this article and upon a showing of good cause, the … Read More
As partition attorneys in California, we are often asked about the cost of a partition action. Since attorneys are the largest cost, the real question is how much are the attorney’s fees for a partition lawsuit in California?
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