Californians with a deceased co-owner can force the sale of the property without going through probate by filing a partition action. In California, the court can proceed with the partition by joining the deceased co-owner’s representative or successor, or simply their estate if their is no representative. This ensures that the property can be sold … Read More
For many co-owners facing a partition action, the idea of a court-appointed partition referee can seem intimidating. Some fear that a referee will unfairly take sides, undervalue the property, or create unnecessary delays in the sale process. In reality, partition referees are intended to be neutral professionals whose primary role is to ensure a fair … Read More
When co-owners of real estate disagree on what to do with a property, a partition action is often the best legal solution to force a sale. However, disputes become even more complicated when one of the co-owners is a hoarder. A property filled with excessive clutter, debris, or hazardous conditions can significantly reduce market value, … Read More
Proving Unpaid Net Rental Proceeds Collected by a Co-Owner in a California Partition Action Co-owning a property in California can be a profitable arrangement, particularly when it’s rented out. But what happens if one co-owner collects all the rent, perhaps for decades, but refuses to share the income? In a partition action, you may be … Read More
While you may want to make improvements to a co-owned property, you may want to consider the timing in relation to when you file a partition. This article will discuss the advantages and disadvantages of allocating funds for property improvements depending on where you are in filing a partition action. Should You Make Improvements Before … Read More
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
While the simple answer is “yes,” the reality of a Realtor serving as a partition referee for a partition action is nuanced and warrants a deeper understanding of the pros and cons of using a Realtor for this function. In turn, this requires an understanding of the responsibilities that partition referees execute. A Realtor, with … Read More
Co-ownership of property often involves a delicate balance of rights and responsibilities among the owners. However, this equilibrium can be disrupted when one co-owner oversteps their bounds, leading to a situation termed “ouster.” An ouster occurs when one co-owner unlawfully excludes another from the property, effectively seizing sole benefits of ownership while circumventing its associated … Read More
Throughout the course of a partition action, there may come a time when the appointment of a receiver is requested by one of the co-owners. While some parties use the term receiver to mean a partition referee, this blog uses the term receiver in the broadest context as it used throughout the law. But what … Read More
Different types of land can bring different challenges in a partition action. Agricultural land is no exception. This is especially true given the diverse agricultural industries throughout California, producing nearly $50 billion in revenue in 2018 alone, shown below: Unique Aspects of Agricultural Partition Actions Due to the unique nature of farmland and the variation … Read More
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Offices Throughout California
Los Angeles Partition Attorneys
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
Orange County Partition Attorneys
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800
San Jose Partition Attorneys
99 S. Almaden Blvd Suite 600
San Jose, CA 95113
Phone: (408) 777-6800
San Diego Partition Attorneys
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300
San Francisco Partition Attorneys
50 California St, Ste 1500
San Francisco, CA 94111
Phone: (415) 966-3300
Riverside Partition Attorneys
3610 Central Ave, Ste 400
Riverside, CA 92506
Phone: (951) 888-3300
Sacramento Partition Attorneys
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300
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