Partition by Sale Archives

Should I Stay on the Mortgage of a Co-Owned House?

Co-owning a home can be a practical solution to rising housing costs, but when circumstances change and you want to sell your partial interest in the property, it raises the question: should you agree to stay on the mortgage or should you be removed from the mortgage? This decision requires careful consideration of several factors … Read More

How to Remove Co-owner From a Mortgage

Navigating a mortgage with an uncooperative co-owner can be challenging, but Talkov Law’s partition attorneys have mastered the art of helping unsatisfied co-owners break the cycle of disagreement with a partition action. This article explores methods for disentangling oneself from the mortgage agreement by removing your co-owner. 3 Quick Fixes to Try 1. Check if … Read More

Notice of Private Sale Partition Action California Lawyer Attorney Law Firm

What Does a Notice of Private Sale Mean in a Partition Action?

A notice of private sale in a partition action is a required notice that the partition referee is likely to be marketing the property to the public to ensure it sells for fair market value. Since the word “private” seems to suggest something other than the public marketing as though a backroom deal is occurring, … Read More

Can a Partition Injunction Prevent a Foreclosure

Can a Partition Prevent a Foreclosure?

The threat of foreclosure poses a significant challenge for homeowners facing financial hardship and particular difficulty when a co-owner may be engaged in an active partition action. Amidst this uncertainty, injunctions emerge as a potential safeguard, offering homeowners a legal avenue to protect their property rights. A request for an injunction amidst a partition action … Read More

Ariana Madix vs. Tom Sandoval – Partition Lawyer Analysis

On Janaury 5, 2024, news broke that reality star Ariana Madix had filed a complaint for partition by sale against long-term (ex) boyfriend Tom Sandoval. The Vanderpump Rules couple owns a Los Angeles house together, but split in 2023 when it was revealed that Tom had been having an affair with their castmate Raquel Leviss. … Read More

Tricks to Remove Co-Owner from House Title

The law allows any co-owner to remove another co-owner on the property title with or without their agreement through a quiet title action, or partition action, and by a deed with agreement. By Agreement – A Deed from the Co-Owner While it may seem obvious, a co-owner can be removed from the title to the … Read More

Should I Tell My Co-owner That I Am Suing Them for Partition?

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

How Long Does a Partition Action Take?

How Long Does It Take to Partition a Property? A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. The most significant factor is whether the partition is being handled by an attorney who practices only in partition law. Other factors include whether court involvement … Read More

I Own 33% of a Property. What Are My Rights?

Many co-owners with a minority interest in a property assume they have minimal rights. Fortunately for minority co-owners of property, they have many rights. Your Rights as a 33% Property Owner When it comes to California partition law, a minority co-owner in California real estate has the right to force the sale through a partition … Read More

What Are My Rights as a 50% Owner of California Real Estate?

Your Rights as a 50% Property Owner Many people in California own property with another person, whether this is by choice (such as purchasing a home with a partner) or not (such as inheriting a home with a sibling). The most common form of co-ownership is 50/50 ownership, which generally arises from a deed granting … Read More