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Partition

Can One Co-Owner Take Out a Loan on a Jointly Owned Property?

Co-ownership disagreements can easily boil over when multiple parties own real property, especially when one party has taken out loans without the consent of their co-owner(s). The remaining co-owners want to be sure that their equity in the property is still available to them even if their co-owner has encumbrances on the property, including mortgages, … Read More

How Long Does a Partition Action Take

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

Who Pays for a Partition Action in California

Who Pays for a Partition Action?

California law allows the party filing a partition action to request that the court award their attorney’s fees and costs from the other co-owners. Attorneys fees are most likely to be granted against an uncooperative defendant. These fees are generally paid from the proceeds of sale of the property.  In fact, the recovery is not … Read More

Partition Action Checklist

Partition Action Eligibility Checklist

There are countless reasons that a co-ownership relationship may be coming to end. Perhaps a romantic relationship between co-owners has ended, but both parties are still on title. Maybe siblings have inherited a family home but one wants to stay on the property and the other wants their share of their inheritance. Or maybe years … Read More

Probate Code 9823 – Partition Actions (Personal Representatives)

California Probate Code § 9823 is the California partition statute that addresses the relation between partition actions and probate matters. The statute provides that: (a) If the decedent leaves an undivided interest in any property, an action for partition of the property may be brought against the personal representative. (b) The personal representative may bring … Read More

Demurrers Under Sham Pleading Doctrine and Truthful Pleading Requirement

Demurrers Under Sham Pleading Doctrine and Truthful Pleading Requirement

In California real estate litigation a demurrer is proper where: “The pleading does not state facts sufficient to constitute a cause of action.” Code Civ. Proc. § 430.10(e). Indeed: “A general demurrer may be effective where there appears to be no legal authority for plaintiff’s claim.” Demurrers, Cal. Prac. Guide Civ. Pro. Before Trial Ch. … Read More

Uniform Partition of Heirs Property Act Definitions CCP 874.312

Uniform Partition of Heirs Property Act in California (2022)

The Uniform Partition of Heirs Property Act (UPHPA) was a law that was enacted January 1, 2022. It was originally introduced into California’s legislature as Assembly Bill No. 633 and was signed by Governor Gavin Newsom signed in July 2021. The UPHPA provided defendants in a partition action added opportunities to buy out their co-owners. … Read More

What Does It Mean to Partition a Property?

In California real estate, partitioning a property refers to the legal process of equitably dividing or splitting a jointly owned property among its co-owners. This division is typically pursued when there are disputes, disagreements, or conflicting interests among the co-owners about how the property should be used, managed, or disposed of. Partition actions are often … Read More

Can a Partition Action Be Stopped in California?

How to Stop a Partition Action Generally, the right to a partition action is absolute, meaning that the right to partition a property is achievable by any co-owner, no matter how small or large their interest in the property may be. Once filed with the courts, a partition action cannot be “stopped” by a party … 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

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