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What Does a Notice of Private Sale Mean in a Partition Action?
A notice of private sale in a partition action is a required notice that the partition referee is likely to be marketing the property to the public to ensure it sells for fair market value. Since the...
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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...
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What is Tenancy in Common?
California recognizes different forms of property co-ownership, the most common and default of which is tenants in common. California Civil Code 682 recognizes “ownership of property by several...
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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...
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Are Cross-Complaints for Declaratory Relief Proper in a Partition Action?
While cross-complaints for declaratory relief in partition actions can be appropriate for clarifying the rights and duties of parties concerning the property in dispute, their utility may be limited...
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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...
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Do I Have to Sue my Family Member to Obtain my Share of the Inherited Property?
It is common for family dynamics to be strained after inheriting real estate because many co-owners are unable to agree on how to manage the property. A co-owner may want to move into the property...
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How Does the Partition Referee Get Paid?
The compensation of the partition referee is paid at the end of the case, which is generally when the co-owners are being paid. In California, partition referees effectuate the court’s judgment that...
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Appraisals of Fair Market Value under the Partition of Real Property Act –...
While the public may believe there is only one way to appraise a property, many co-owners end up in a debate with the court over the parameters of a proper valuation under the Partition of Real...
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Co-ownership in San Jose and San Francisco: A Growing Trend
The Silicon Valley and neighboring areas of San Francisco have become hot spots for real estate co-ownership in California. As California’s #1 partition attorneys, the co-ownership experts at Talkov...
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