Wallace v. Daley

Partition Offsets: Two Ways to Recover Taxes and Improvements

Partition actions aren’t just about forcing a sale—they’re your chance to get reimbursed for every dollar you put into the property. When a partition action is filed to sell co-owned property, co-owners are entitled to reimbursement for any amounts they overpaid for the property’s expenses or improvements during their co-ownership period. However, determining which reimbursement … Read More

What Evidence is Necessary When Requesting Partition Referee for Offsets?

What Evidence is Necessary When Requesting Partition Referee for Offsets?

When one co-owner asserts that they have contributed more than their fair share towards property costs, a partition action offers an opportunity to reclaim unequal payments for down payments, repairs, improvements, mortgage payments, taxes, or similar expenditures. California partition law mandates an partition accounting in all such cases and the court appointed referee will compile … Read More

What Information Should a Co-owner Gather for a Partition Action

What Information Should a Co-owner Gather for a Partition Action

In a partition action, gathering evidence to substantiate improvements or to prove your opposing party wrong is crucial. This evidence can significantly impact the offsets awarded and the credibility of your case. In this article, seasoned partition attorneys at Talkov Law share the variety of evidence that co-owners preparing for a partition may want to … Read More

What Information Should a Co-owner Gather to Prove Mortgage Payments for a Partition Action?

Proving Mortgage Payments in a Partition Action Accounting

When co-owned property results in a partition action, the court or partition referee may require evidence of who paid the mortgage to divide the proceeds of sale. This article explains how to meticulously gather and organizing documents, including digital payment records between co-owners, to allow co-owners to present a compelling case to prove and recover … Read More

Why is a Partition Action Needed?

Why is a Partition Action Needed?

A partition is often necessary because joint property ownership can swiftly transform from harmonious cohabitation to contentious disputes. Whether it’s the dissolution of a romantic partnership, irreconcilable differences in investment strategies, or disagreements over property usage, many co-owners find themselves looking for ways to end their co-ownership of real property. In such scenarios, where one … Read More

Can I Remove My Former Fiancé(e) From the Title of My Property?

Can I Remove My Former Fiancé(e) From the Title of My Property?

Separating from a partner is a difficult position but it is even more complex when an unmarried couple separates after purchasing a property together. Unfortunately, this scenario is common enough that nearly half of all partition cases involve unmarried couples. Depending on whether the goal of a co-owner is to force the sale of the … Read More

My Co-owner is Not Paying the Mortgage

If your co-owner is not paying the mortgage, this may be an early sign of a co-ownership dispute. In many scenarios where a co-owner is unwilling to contribute to a co-owned property, there will be disagreements on the disposition of property and how to manage the liabilities that accompany real property ownership. Or, perhaps the … Read More

Can I Make Improvements to a Property in a Partition?

Can You Make Property Improvements During a Partition?

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

Factors Impacting Cost of a Partition Action in California Lawyer Attorney Law Firm

Factors Impacting Cost of a Partition Action in California

Legal fees in a partition action are generally smaller than the Realtor fees involved in forcing the sale. However, co-owners are wise to make an educated guess of the cost of attorney’s fees in a partition lawsuit. The cost of the partition hinges on several factors, including the extent of disagreement among co-owners, the monetary … Read More

My Co-owner is Not Paying the Property Taxes

It’s not uncommon for one co-owner to bear the brunt of property taxes, especially in scenarios where one co-owner resides on the property while others do not. An issue arises when this arrangement leads to a disparity in financial contributions for maintenance and obligations tied to the property. Implications of Financial Distress The failure of … Read More

Talkov Law is Rated 5 out of 5 stars based on 169 reviews

Contact Us Today for a Free Consultation

For select matters, payment can be deferred until resolution, with monthly billing also available.

Awards and Recognition

We Have Been Featured On:

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

The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.