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Willmon v. Koyer (1914) 168 Cal. 369 – Compensatory Adjustments in Partition Actions


Partition actions in California are legal proceedings that allow co-owners of real estate to divide and distribute the property among themselves. However, partition actions can be a source of conflict and dispute when co-owners are not able to agree on how to divide the property. This was the case for Willmon v. Koyer in 1914, where the court ruling introduced compensatory adjustments in partition actions, which proved to be a fair and effective solution.

A Summary of Willmon v. Koyer (1914) 168 Cal. 369

Willmon v. Koyer was a partition action case where four co-owners could not agree on how to divide a piece of land. The court held that the land should be divided equally among the co-owners, but due to the difference in the value of the land, the division was not fair. The court then introduced compensatory adjustments, where each co-owner would receive a portion of the land in proportion to the value of their contribution.

This ruling changed partition actions by providing a fair solution for co-owners who could not agree on the division of the property. The decision was based on the principle of fairness and equity, and it has been widely accepted and used in partition actions ever since.

Compensatory Adjustments in Partition Actions: A Fair Solution!

Compensatory adjustments in partition actions allow for a fair division of property among co-owners, even in cases where the value of the property is not equal. This method ensures that each co-owner receives a portion of the property in proportion to their contribution, whether it be through financial investment or physical labor.

Compensatory adjustments also promote cooperation and compromise among co-owners, which can prevent costly and time-consuming legal battles. By providing a fair and equitable solution, compensatory adjustments can help to preserve relationships and prevent the dissolution of partnerships.

Contact an Experienced Partition Attorney in California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our knowledgeable partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568), email us at info(at)talkovlaw.com, or fill out a contact form online. Contact Talkov Law today to find out how you can pay nothing today and have your legal fees paid from the proceeds of sale of your property!

About Scott Talkov

Scott Talkov is a partition lawyer and civil litigation attorney in California. He founded Talkov Law Corp. after more than one decade of experience with one of the region's oldest law firms, where he served as one of the firm's partners. He has been featured on ABC 7, CNN, KCBS, and KCAL-9, and in the Los Angeles Times, the Orange County Register, the San Diego Union-Tribune, the Press-Enterprise, and in Los Angeles Lawyer Magazine. Scott has been named a Super Lawyers Rising Star for 9 consecutive years. He can be reached about new matters at info@talkovlaw.com or (844) 4-TALKOV (825568). He can also be contacted directly at scott@talkovlaw.com.

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