Hunter v. Schultz

Hunter v. Schultz - Offset for Rental Value Against Co-Owner in Possession

Offsets for Rental Value Against Co-Owners in Sole Possession – Hunter v. Schultz – California Partition Actions

One of the most common disputes in a partition action arise when the co-owner in sole possession has also been paying all of the expenses. That co-owner often believes that they will collect all of their expenses in an accounting in a partition action. Effectively, the issue is whether the co-owner out of possession can … Read More

Is there a statute of limitations on a partition action

Is There a Statute of Limitations on a Partition Action?

Some co-owners in California wonder if there are any limitations on the time to file a partition action. For example, suppose a co-owner moved out of a property 20 years ago and never paid the taxes. Does that mean that they are no longer a co-owner? As explained below, co-owners do not lose their status … Read More

Co-owner out of possession collect rent from co-owner in possession partion lawyer real estate attorney

Can I Collect Rental Value from my Co-Owner in a Partition Action?

It has been well established that co-owners do not forfeit co-ownership rights if they have moved out of a jointly owned property. However, issues can still arise quickly in a partition action when a co-owner in possession (the co-owner who resides at or primarily manages a property) feels that the co-owner out of possession (the … Read More

Do I Forfeit Ownership Rights if I Leave Property Talkov Law

Adverse Possession and Co-Ownership

As partition attorneys in California, property co-owners frequently ask if ownership rights can be forfeited by a co-owner moving out of (“abandoning”) the property. More specifically, co-owners want to know if they would give up their ownership rights to a co-owned property in California just by moving out. The answer is that, generally, a co-owner … Read More

CCP 872.140 Compensatory Adjustment Partion Lawyer California

Code of Civil Procedure 872.140 CCP – Compensatory adjustment among parties; equity (Partition Actions)

California Code of Civil Procedure 872.140 is the California partition statute that allows the court to distribute the proceeds of sale in a partition in an equitable manner. The statute provides that: The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity. … Read More

Recovery of Offsets for Attorney's Fees Talkov Law

Partition Offsets and Accounting in California

Receiving Your Equity When Forcing the Sale of a Home in California When co-owners of shared property in California cannot agree on what to do with a property, they may petition the court to force the sale of the property through a partition action. Very often, co-ownership issues go hand-in-hand with financial issues related to … Read More

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