Partition by Sale

What Is the Partition of Real Property?

A partition of real property in California is a legal process that allows co-owners to force the sale when they cannot agree. Disagreements over whether to sell, how to use the property, or how to split expenses can quickly turn into serious conflicts. When co-owners reach a deadlock, a partition action is the ultimate legal … Read More

Abandoned Property Partition Action: What to Do When a Co-Owner Walks Away

A co-owner who abandons a property in California does not lose their ownership rights, but their absence often creates financial strain that can be resolved through a partition action.  When one co-owner stops contributing, the remaining co-owner is often left covering the mortgage and upkeep alone. This situation is common among unmarried couples, family members, … Read More

How To File a Partition Action in California

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

How Does a Partition Referee Sell Property in California?

When co-owners of real estate cannot agree on what to do with the property, a court may order a partition by sale to ensure each owner receives their fair share. The person responsible for carrying out that sale is the partition referee, a neutral professional appointed by the court to handle everything from hiring a … Read More

Inheriting a House with an Uncooperative Family Member

Inheriting a home can feel like a blessing, but it often turns into a nightmare when one family member refuses to cooperate. A common problem occurs when a sibling or relative moves into the inherited home, refuses to sell, and doesn’t contribute to property expenses. Meanwhile, the other heirs are left paying taxes, insurance, and … Read More

What to Do If a Majority Owner Refuses a Partition Action

When the majority owner refuses a partition action, you don’t have to stay trapped—California law is on your side. When co-owners of real estate don’t see eye to eye, disputes are inevitable—especially when one party wants to sell, but the majority owner(s) disagrees. Fortunately, California law provides a clear legal path forward for minority owners … Read More

Does a Recession Impact a Partition?

Recessions don’t just impact Wall Street — they directly affect when and how co-owners should file a partition action. In uncertain economic times, many co-owners wonder: Does a recession affect my ability to file a partition action? The answer depends on several economic factors, including real estate values, interest rates, inflation, and mortgage obligations. Let’s … Read More

Co-Listing as a Solution to Settle Co-Owned Property Disputes

Many co-owners agree that their property should be sold, but end up deadlocked of whose Realtor should be the listing agent. A simple solution is to allow co-listing whereby two listings agents place the property on the market, thereby allowing each co-owner to have an agent they trust handling the sale of the property. This … Read More

Partition Action Timeline: What to Expect from Start to Finish

As California’s first, most popular, and fastest partition law firm, we are often asked how long a partition will take. Talkov Law generally completes partitions in an average of just 7 months to obtain a settlement or judgment of partition, which is followed by a sale or refinance- all without a trial. Other firms lacking … Read More

Selling Inherited Property: Do All Heirs Have to Agree?

Can you sell inherited property if the other heirs say no? Yes—you can. That answer surprises many California heirs. When multiple heirs inherit real estate in California, it’s not uncommon for disagreements to arise—especially when one heir wants to sell the property but others do not. Many co-owners assume that all heirs must unanimously agree … Read More

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