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
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 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? 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
Answer to a Partition Action Complaint in California When an action for partition is filed, the opposing party has an opportunity to respond to this action by filing an answer. An answer to a partition action is a pleading by the defendant in response to the plaintiff’s complaint for partition. In the answer, defendants have … Read More
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
California Code of Civil Procedure 872.210 is the California partition statute that specifies who is authorized to commence a partition action. The statute provides that: (a) A partition action may be commenced and maintained by any of the following persons: (1) A coowner of personal property. (2) An owner of an estate of inheritance, an estate for life, … Read More
When Two People Own Property, But One Person Doesn’t Want to Sell Tricks To Save Your House in a Partition Action An experienced partition attorney in California may often be 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 … Read More
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