Partition 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

Partiton Referee Receiver California Law Real Estate Lawyer Attorney

Partition Referees in California

Partition referees in California effectuate the court’s judgment that the property should be partitioned, which usually involves a sale of the property. Sometimes, partition referees are referees to as partition receivers, partition special masters, partition commissioners, partition administrators, or real estate referees. List of Partition Referees in California As the largest partition-only law firm in … Read More

Title Insurance in a Partition Action

Whether your property is subject to a partition action or you are transferring ownership through a public sale, a clear and marketable title is essential for a smooth transfer of ownership. Real estate litigation often arises from disputes over property titles, highlighting the importance of a comprehensive title insurance policy. Property buyers and lenders alike … Read More

Unclear Ownership Interests on Deeds with Multiple Co-Owners

Many deeds convey an interest to three or more co-owners with no indication of the fractional ownership interest of each co-owner. These deeds raise the question of the relative co-ownership, creating complications when legal issues such as partition actions arise. There are several key factors to look at when a deed is unclear that help … Read More

Why Do Courts Allow Partition Actions?

Courts allow partition actions in California as a legal remedy to resolve co-ownership disputes. In a partition action, the co-owned property is either divided or sold with each co-owner receiving their equitable interest. Some co-owners wonder if a judge can really force the sale of a property they have lived in for years. Further, some … Read More

Damages for Ouster California Partition Action Law Attorney

Damages for Ouster in California Partition Actions

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

Can a Co-Owner Trespass on Jointly Owned Property?

Co-owners who disagree about how to use co-owned property often find themselves in toxic co-ownership relationships. Ending the co-ownership relationship via a partition action, or the forced sale of jointly owned property, can benefit all co-owners in the long run. However, while the property remains co-owned, it’s not uncommon for issues to arise regarding who … 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

What is Real Property?

Real property, in the realm of real estate law, constitutes the foundation of partition actions and other countless legal disputes and litigation. Understanding the intricacies of real property is crucial for anyone involved in real estate, whether as property owners, buyers, sellers, or lenders. Defining Real Property Real property, often referred to simply as “real … 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