A partition action is the only court-ordered process to separate joint owners’ respective interests in California real estate. This process can be long, tedious, and difficult, but the attorneys at Talkov Law are here to help. They have provided this glossary of important partition terms to help you better understand the complicated legal vocabulary surrounding partition actions.
Accounting of Offsets
Accounting of offsets includes the formal process of evaluating the rights of the parties in a shared asset.
Adverse possession is a method of acquiring title of a property through specified acts carried out throughout the statutorily required amount of time.
Allotment of Improvements
Allotments of improvements are portions of the proceeds of a property awarded to the party that made the improvements
An answer is the defendant’s principal pleading in response to a plaintiff’s complaint
Apportionment is the equitable division according to parties’ respective interests
Possession of a single property by several co-owners in which each co-owner has an undivided interest in the property
A complaint is an initial pleading in which a plaintiff lays out the facts on which the claim for relief is based.
Concurrent interests is the ownership of land by multiple people at the same time
A cross complaint is a separate, independent action arising out of the original plaintiff’s claim against the defendant
Decrees and Orders
Decrees and orders are similar to judgments in that they have they same effect and may enforced in a similar manner following a court’s assessment of the rights of the parties.
A deed is a written instrument conveying or transferring title to real property.
Disbursement is the payment of money from a fund
Distribution of Proceeds of Sale
The distribution of proceeds of sale in a partition action is the division and administration of profits from a property sale
Improvements are additions or changes to a property that increase the its value or utility
Inherited property is property that individuals bequeath to their heirs upon their passing
An injunction is a judicial remedy requiring a party to refrain from doing or continuing to do a certain act or activity
An interlocutory judgment is a temporary, preliminary judgment that is not final or definitive
A joint mortgage is a mortgage agreement that is shared between 2 or more people
Jointly Owned Property
Jurisdiction is the official power to hear and determine a case and make legal decisions and judgments
A lis pendens, or a notice of pendency of action, is a document recorded with the county recorder that provides constructive notice of a lawsuit affecting title to, or possession of, real property.
Manner of Partition
A mortgage is a loan in which a lender (usually a bank) lends money in exchange for taking title of a property. Upon repayment of the debt, the conveyance of the title becomes void
Improvements made to a shared property so that it remains safe and livable
An ouster is defined as “the wrongful dispossession or exclusion by one tenant of his cotenant or cotenants from the common property of which they are entitled to possession.” Zaslow v. Kroenert (1946) 29 Cal. 2d 541, 548; accord Hacienda Ranch Homes, Inc. v. Superior Ct. (2011) 198 Cal.App. 4th 1122, 1128, as modified on denial of reh’g (Sept. 28, … Continue reading
Partition by Appraisal
Partition in Kind
Partition by Sale
A partition by sale is a court-ordered judgment forcing the sale of jointly owned property, thereby allowing co-owners to receive their equitable portion of the property. California Code of Civil Procedure 873.510
Personal property is property that is moveable, as opposed to real property; chattels
A quiet title action is a lawsuit filed to obtain a final determination of title to real property between adverse parties
A quitclaim deed is a deed which conveys only the interest the grantor has, thereby bypassing the requirement of clear title to sell a property
Real property is land and such property permanently fixed to it, such as a building
Tenancy in Common
Tenancy in Partnership
A title to real property is the legal right to use and possess the property.
A trust deed, or a deed of trust, is a legal instrument between a borrower, lender, and trustee in which a lender gives a borrower money in exchange for promissory notes and then transfers title to an impartial trustee who holds it as collateral.
Intentional and voluntary relinquishment of a certain right
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|↑1||California Civil Code 683|
|↑2||Zaslow v. Kroenert (1946) 29 Cal. 2d 541, 548; accord Hacienda Ranch Homes, Inc. v. Superior Ct. (2011) 198 Cal.App. 4th 1122, 1128, as modified on denial of reh’g (Sept. 28, 2011) (quoting Estate of Hughes (1992) 5 Cal.App. 4th 1607)|
|↑3||California Code of Civil Procedure 873.910|
|↑4||California Code of Civil Procedure 873.210|
|↑5||California Code of Civil Procedure 873.010, et seq.|
|↑6||California Code of Civil Procedure 873.510|
|↑7||California Civil Code 685|
|↑8||California Civil Code 684|