Evidence Code 662 Archives

Unclear Ownership Interests on Deeds with Multiple Co-Owners

Many deeds convey an interest to three or more co-owners with no indication of the fractional ownership interest of each co-owner. These deeds raise the question of the relative co-ownership, creating complications when legal issues such as partition actions arise. There are several key factors to look at when a deed is unclear that help … Read More

Bogus Claims that a Co-Owner is “Merely a Co-Signer” in Partition Actions

Partition Defendants Alleging that their Co-Owner is Only a Co-Borrower Have an Uphill Legal Battle Partition actions sometimes involve disputes over the ownership of the property. This is important due to the requirement that an interlocutory judgment of partition find “the interests of the parties in the property….” Code Civ. Proc. § 872.720(a). This refers … Read More

Unequal Down Payments in Property Co-Ownership Disputes & Partition Actions

Unequal Down Payments and Ownership Interests in Property Co-Ownership Disputes (Partition Actions)

One of the most common issues that arises in California real estate co-ownership disputes and related partition actions is the remedy for a party who pays more than their fractional share of the down payment. For example, perhaps Sally and Joe purchase a home together, with Sally paying $100,000 of the down payment, while Joe … Read More

How to Win a Partition Action

The Tricks to Winning a Partition Action in California A partition action is the only court process in California to end disputes when parties are co-owners (also known as co-tenants) of real property. Indeed, the court must divide the real estate equitably among its co-owners so long as a partition is found to be appropriate.[1]California … Read More

CCP 872.620 State of Title; Ascertainment Talkov Law

Code of Civil Procedure 872.620 CCP – State of the Title; Ascertainment (Partition Actions)

California Code of Civil Procedure 872.620 is the California partition statute that allows the court to decide the state of title as part of the partition action. The statute provides that: To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the … Read More

Real Estate Statute of Frauds Lawyer Attorney California Riverside Inland Empire Los Angeles Orange County San Diego

California Evidence Code 662 Requires Clear and Convincing Evidence of Real Property Ownership Contrary to Record Title

California Evidence Code Section 662 Clear and Convincing Evidence Standard in Partition and Quiet Title Ownership Disputes California Evidence Code Section 662 is a fundamental rule of California real estate law that prevents record owners from being subjected to meritless claims by others claiming to be the equitable owner. “According to the ‘form of title’ … Read More