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
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
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
Generally, no, it is not best to informally notify your co-owner that you have hired an attorney to file a lawsuit for partition of the co-owned real property. The general reason that co-owners ask if they should inform their co-owners that they are filing for partition is some perceived moral obligation to provide informal notice … Read More
If the other real estate co-owners are unwilling to agree on a sale or buyout of your share in a property, you can force a sale by pursuing a partition action. At its core, a partition action is a civil lawsuit initiated by owners of real property desiring to sell against those who resist selling. … Read More
Am I Entitled to a Partition? California law generally allows any co-owner of a jointly owned property to force the sale of the property through a partition action. Partition actions are so favorable to public policy that the “right to partition is absolute.” [1]Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325. However, there are … Read More
A partition action is a lawsuit that forces the sale or division of jointly owned real property. The court will equitably divide the interests of all the co-owners even if one or more co-owners does not agree to the sale or division. This division generally involves division of the proceeds of sale. What is Partition … Read More
Which Courthouse Should a Partition Action be Filed? Determining venue is one of the most basic requirements in a lawsuit. Venue establishes the county court in which the dispute will be heard. In a partition action, proper venue is generally the county in which at least one parcel of co-owned real property is located. Specifically, … Read More
Can a Letter Solve My Co-Ownership Dispute? With over 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 last … Read More
California Code of Civil Procedure 872.640 is the California partition statute that describes what courts will do in the event that multiple parties are unknown. The statute provides that: Where two or more parties are unknown, the court may consider their interests together in the action and not as between each other. California Code of … Read More
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