Yes, California Code of Civil Procedure 874.317 is the California partition statute that sets forth the manner in which a co-owner of property can buy out the interests of the other co-owners who requested a sale in a partition action. . The purchase price for the buy out under the Partition of Real Property Act is based on the fair market value of the property. Co-Owner’s Right to a Buy Out Under the Partition of Real Property Act The Partition of Real Property Act, effective January 1, 2023 in California, allows a co-owner who did not request a partition by sale to purchase t ..read more

Navigating a mortgage with an uncooperative co-owner can be challenging, but Talkov Law’s partition attorneys have mastered the art of helping unsatisfied co-owners break the cycle of disagreement with a partition action. This article explores methods for disentangling oneself from the mortgage agreement by removing your co-owner. 3 Quick Fixes to Try 1. Check if the Mortgage is on Co-owner’s Credit Report Generally, a mortgage will appear when a lender retrieves your credit report. If your co-owner’s name is not on the credit report, they are not liable for the mortgage. Generally, there wou ..read more

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 property to a third party or buy out a co-owner for sole possession of the property, retaining a partition attorney to help navigate through the legal intricacies of each option is integral. Co-Owner Agrees to be Removed From Title The most amicable scenario invo ..read more

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 co-owner is not willing to sell, even though they can’t afford the property. If talking to your co-owner does not lead to any change, it may be in your best interests to retain an experienced partition attorney to end your co-ownership dispute. What are the Conseque ..read more

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 Property Act. “Fair Market Value of the Property” is to be Determined under the Partition of Real Property Act Notably, the Partition of Real Property Act, which became effective January 1, 2023, allows certain parties, usually the defendant, to buy the property if a plaintiff requests a partition by sale.[1]Code of Civil Procedure § 874.317(a) This generally means that the court would hold a hearing w ..read more

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 the property should be partitioned, which usually involves a sale of the property. The Partition Referee Gets Paid at the End of the Case The law is that a “referee’s compensation may be made a lien against the interests of the parties where physical property is in controversy.”[1]55 Cal. Jur. 3d Referees § 22. This is explained by California Code of Civil Procedure 874.120, which is a partition s ..read more

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 despite only inheriting 50% and the other co-owners, each holding 25% may want to sell the property and take the money to buy a house in a cheaper state. For those who inherited a minority share, you can still file a partition action because being a majority owner of a property is not a prerequisite to forcing the sale of the jointly owned property. Is a Partition Action Really a Lawsuit ..read more

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 You File for Partition? If you are inclined to partition your property or in the process of retaining a partition attorney, there are few benefits to making the improvements before you a partition complaint. The problem with making the improvements before the ..read more

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 as to ownership disputes since they are already at issue in every partition. Cross-Complaints in a Partition Action In California, Code of Civil Procedure § 428.10 as the authority for filing cross-complaints provides as follows: A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following: (a ..read more

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 persons” in these forms: (a) Of joint interest. (b) Of partnership interests. (c) Of interests in common. (d) Of community interest of spouses. This article specifically focuses on tenants in common as the default form of co-ownership interest that is “owned by several persons, not in joint ownership or partnership.”[1]California Civil Code 685 Types of Co-Ownership in ..read more