Orien v. Lutz Archives

Pleading Requirements for Waiver of Partition

In California, a partition is an absolute right for co-owners, however, the right can be waived by properly pleading the right has been waived. This article explains what constitutes a valid waiver and how to properly plead it in court when seeking to enforce a partition waiver. What is a Waiver of Partition? In California, … Read More

Down Payment Gifts in Partition Actions

In partition actions, where co-owners seek to divide or sell jointly owned property, the issue of down payment gifts can become a contentious matter. When one party receives a substantial financial gift from their family members or friends, intended to be used as a down payment for their share of the property, it can complicate … Read More

Do a Majority of the Co-Owners Need to Support a Partition Action

Is a Majority Vote Needed to File a Partition Action?

No. A common misconception is that a majority of the ownership interests are needed for a court to compel the sale of a jointly-owned property in a partition. This belief is entirely incorrect. Any owner, regardless of their ownership percentage, can initiate the sale of the property, whether they hold 99% or merely 1% of … Read More

998 Offers in Partition Actions to Force a Settlement

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

Did I Accidentally Waive My Right to Partition?

While it is possible for a co-owner to waive the right to partition a property, it is a rarely seen and cannot happen accidentally. It is important to remember that the law as to a “waiver” of the right to partition limits the co-owner’s free alienability in their contractual rights. Because of this, California courts … Read More

Affirmative Defenses Partition Action California Attorney Lawyer

Affirmative Defenses to a Partition Action in California

How Do You Beat a Partition Action? Experienced partition attorneys in California are often asked whether there are affirmative defenses to a partition under California law. Of course, every defendant wants to win a partition action. While some people may refer to these as affirmative defenses, it might be best to look them as ways … Read More

Right of First Refusal in a California Partition Action

What is a Right of First Refusal in a Partition Action? In a California partition action, a right of first refusal is a right given to co-owners that allows them to purchase their other co-owners’ interests before the property is sold to a third party. This gives all co-owners a chance the resolve the co-ownership … Read More

Waiver of Right to Partition in California

When relationships sour and one party wants out of a co-ownership relationship by way of a partition action, the other party may feel betrayed and outraged. These feelings of resentment often manifest themselves in legal proceedings as defendants are quick to claim just about anything to try to delay the inevitable sale of the property … Read More

Attorney’s Fees in a California Partition Action

Attorney’s Fees in a Partition Action in California Of all of the questions we are asked as partition attorneys, questions revolving around attorney’s fees are some of the most common. Co-ownership disputes and an ensuing partition action can be expensive when a co-owner refuses to cooperate with the sale of the property. Even further, recovering … Read More

Can my co-owner contest a partition action

Can my Co-owner Contest a Partition in California?

Can my co-owner contest a partition? When one co-owner wants to initiate a partition action, a common concern that we hear as partition attorneys is whether the other co-owner can contest the partition. The short answer is that your co-owner can contest anything they want; the real issue is whether they will succeed. In some ways, a … Read More