When co-owners of real estate cannot agree on what to do with the property, a court may order a partition by sale to ensure each owner receives their fair share. The person responsible for carrying out that sale is the partition referee, a neutral professional appointed by the court to handle everything from hiring a … Read More
Partition actions in California are most effective when filed before home values begin to fall. If youβre involved in the co-ownership of real property and notice signs of a declining marketβrising interest rates, increased inventory, or more price cutsβnow may be the time to act. Filing early can mean the difference between preserving your equity … Read More
Delaying a partition action isnβt just waitingβitβs 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
How is the sale of a California property conducted in a partition action? Throughout the process of a partition action in California, the end goal is almost always to force the sale of jointly owned property. With the court ordering the sale, it can be confusing how it goes about doing this. How exactly is … Read More
California Code of Civil Procedure 874.316 is the California partition statute that sets forth the manner in which the fair market value of the property. In conjunction with a co-owner buyout of interests under Code of Civil Procedure 874.317, these statutes form the essence of the Partition of Real Property Act. Talkov Law has developed … Read More
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