Quiet Title

Unclear Ownership Interests on Deeds with Multiple Co-Owners

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

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

Equitable Title vs. Legal Title

Quiet title within the context of a partition action in California A partition action is a court-ordered equitable division of property which brings an end to real estate co-ownership disputes by forcing the sale of jointly owned property. Most properties have clear title, meaning that it is clear who the owners of the property are. … Read More

Quiet Title Complaint Sample Template Form Example

Quiet Title Complaint [California Example Form Sample Template]

Quiet Title Complaint Example The real estate attorneys at Talkov Law are well versed in a variety of real estate issues, including quiet title actions. Under the California Code of Civil Procedure §760.010 – §764.010, a quiet title action is a lawsuit filed to “quiet” title to real property, meaning that it seeks to establish … Read More

Civil Code § 683.2(c) - Joint Tenancy Severance After Death is Limited by California Law

Civil Code § 683.2(c) – Joint Tenancy Severance After Death is Limited by California Law

By definition, a joint tenancy is an interest in property in which each party has an equal share in the property. Joint tenants also enjoy the privilege of the right of survivorship, which allows a deceased joint tenant’s interest in a property to automatically pass to the surviving joint tenant(s). If the interest is transferred … Read More

How to Win a Partition Action in California

How to Win a Partition Action

The Tricks to Winning a Partition Action in California A partition action is the only court process in California to end disputes when parties are co-owners (also known as co-tenants) of real property. Indeed, the court must divide the real estate equitably among its co-owners so long as a partition is found to be appropriate.[1]California … Read More

Actual Notice Constructive Notice Inquiry Notice Imputed Notice Bona Fide Purchaser California Law

Actual Notice vs. Constructive Notice vs. Inquiry Notice vs. Imputed Notice – What is a Bona Fide Purchaser?

Establishing Bona Fide Purchaser Status Under California’s Notice Rules Many conflicts arise from real property purchase disputes where a buyer, seller or other party claims priority over earlier purchasers and liens (encumbrances), including judgments. The conflicted rules applied in these quiet title actions underlie the importance of hiring a qualified real estate litigator in California. … Read More

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