Severance of a Joint Tenancy After the ATRO in a Marital Dissolution: Implications for Partition Actions
Talkov Law Blog
by Scott Talkov
5d ago
In California, spouses frequently hold real estate as joint tenants, meaning that if one spouse dies, their interest automatically passes to the surviving spouse by right of survivorship. However, when a marriage dissolves, one spouse may wish to sever the joint tenancy and transfer their half interest to a living trust to ensure the property ... Read More The post Severance of a Joint Tenancy After the ATRO in a Marital Dissolution: Implications for Partition Actions appeared first on Talkov Law Partition Attorneys ..read more
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Buying and Selling Fractional Interests in Real Estate: Immediate Cash or Full Value?
Talkov Law Blog
by Talkov Law Partition Attorneys
1w ago
Fractional ownership in real estate can be both an opportunity and a challenge. Whether you inherited a 50% interest in a property or co-own it with a former romantic partner, disputes or differing goals among co-owners often make it difficult to decide the best path forward. While the ideal solution to unlock the full value ... Read More The post Buying and Selling Fractional Interests in Real Estate: Immediate Cash or Full Value? appeared first on Talkov Law Partition Attorneys ..read more
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What Happens If Your Co-Owner Dies During a Partition Action?
Talkov Law Blog
by Talkov Law Partition Attorneys
3w ago
Partition actions are already challenging, but the unexpected death of a co-owner introduces additional complexity. If this happens, your next steps depend on whether the deceased co-owner had an attorney, their ownership structure, and the status of the case. Here’s what to do, including how to handle situations where the co-owner was a trustee of ... Read More The post What Happens If Your Co-Owner Dies During a Partition Action? appeared first on Talkov Law Partition Attorneys ..read more
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How Wildfires Can Affect Partition Actions in Los Angeles
Talkov Law Blog
by Talkov Law Partition Attorneys
1M ago
Wildfires are an unfortunate reality in Southern California, with devastating impacts on property owners. For those who co-own property, wildfires can create unique challenges that lead to serious disputes. At Talkov Law Partition Lawyers, we’ve seen how these natural disasters can amplify existing tensions or create new disagreements between co-owners, sometimes leaving a partition action ... Read More The post How Wildfires Can Affect Partition Actions in Los Angeles appeared first on Talkov Law Partition Attorneys ..read more
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The Importance of Valuation under the Partition of Real Property Act – California Code of Civil Procedure Section 874.320
Talkov Law Blog
by Scott Talkov
1M ago
Partition actions are often complex, involving multiple co-owners with competing interests in the division or sale of a property. While many parties understand the importance of a fair valuation in cases involving buyouts under California Code of Civil Procedure Section 874.317, the significance of valuation extends beyond buyout scenarios. Even when no buyout is sought, ... Read More The post The Importance of Valuation under the Partition of Real Property Act – California Code of Civil Procedure Section 874.320 appeared first on Talkov Law Partition Attorneys ..read more
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Why the Holdout in a Partition Case Sometimes Gets a Better Deal
Talkov Law Blog
by Scott Talkov
1M ago
When co-owners of property find themselves at odds over whether to sell, a common scenario unfolds: one party wants to cash out, while the other digs in their heels and refuses to sell. While this type of stalemate might seem like a no-win situation, the reality is that the holdout often ends up with the ... Read More The post Why the Holdout in a Partition Case Sometimes Gets a Better Deal appeared first on Talkov Law Partition Attorneys ..read more
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The Hidden Dangers of DIY Co-Ownership Settlement Agreements
Talkov Law Blog
by Scott Talkov
1M ago
When co-owners of real estate face disputes, drafting a co-ownership settlement agreement often seems like a logical and cost-effective way to avoid litigation. However, when co-owners draft these agreements without a skilled partition attorney, they unknowingly set themselves up for significant legal and financial risks. The most glaring danger? Trading the straightforward and cost-effective remedy ... Read More The post The Hidden Dangers of DIY Co-Ownership Settlement Agreements appeared first on Talkov Law Partition Attorneys ..read more
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Deposition Objections in California: A Guide for Attorneys
Talkov Law Blog
by Scott Talkov
1M ago
Depositions are a critical part of litigation, allowing attorneys to gather testimony and establish facts before trial. In California, however, the rules governing deposition objections are stricter than in the courtroom. Knowing which objections are proper is essential to preserve the record and avoid unnecessary disruptions. Here’s a quick guide to the proper objections at ... Read More The post Deposition Objections in California: A Guide for Attorneys appeared first on Talkov Law Partition Attorneys ..read more
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Will my Ex Obtain Half the Equity in a Partition?
Talkov Law Blog
by Scott Talkov
1M ago
A common misperception in co-ownership of real estate in California is that ex-boyfriends and ex-girlfriends will each get half the proceeds of sale in a partition. This myth is often repeated by exes who put in less than half the money on the property, but want half now that the romantic relationship has ended since ... Read More The post Will my Ex Obtain Half the Equity in a Partition? appeared first on Talkov Law Partition Attorneys ..read more
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What Information Should a Co-owner Gather for a Partition Action
Talkov Law Blog
by Scott Talkov
2M ago
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 The post What Information Should a Co-owner Gather for a Partition Action appeared first on Talkov Law Partition Attorneys ..read more
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