California Partition Law Blog
A partition action is the legal process of co-owners dividing a piece of real property. There are various reasons why a partition may be necessary, and different types of partitions exist to ensure the proper remedy is available when these circumstances arise. Co-owners involved in partition actions commonly ask who is responsible for the costs of partition including expenses like attorney fees, surveyor fees, and court costs. The costs of partition are typically divided equitably among co-owners based on their ownership interests. Understanding how the court determines who is responsible for the costs of partition is a crucial part of navigating this complicated legal process.
What is a Partition Action?
Partition is a legal procedure used to divide property among co-owners, ultimately severing their joint ownership interests and can be done in several ways: Partition in Kind, Partition by Sale, and Partition by Appraisal.
Trusts are an important way to set out one’s wishes for how and when you want to transfer assets like property. While trusts usually are set up as written contracts, other trusts can be enforced by the court, like resulting trusts and constructive trusts. These types of trusts are involuntary, meaning a court imposes them as a remedy to prevent an inequitable result, when property is wrongfully taken or transferred. (
A grandfather clause in a real estate context means a clause from a law or regulation was grandfathered in from an old version of that law or regulation. This means even if the law currently would affect someone if they were exempt under the old version of the law those rights have been “grandfathered in.” This is important in real estate because this allows properties, and thus their owners, to be exempt from current zoning laws and regulations. This exemption is meant to protect property owners against impermissible government takings of their property allowing for continued development. This means governments will pursue relocation agreements or other agreements to accommodate property owners as new ordinances are enacted. (
An encumbrance is a term frequently used in context with real estate. It is most often used with regards to property transfers. When contracting to sell or convey property it is usually implied that that property is being delivered free of encumbrances. (
Fiduciary duties are legal obligations that one party owes to another in relationships involving trust, care, and loyalty. California law places significant emphasis on upholding these duties when fiduciaries, such as attorneys, fail to act in their client’s best interests, often for personal gain or through negligence. Breaches of fiduciary duties carry serious legal and financial consequences like lawsuits and other remedies including monetary damages. When a fiduciary breaches their duties, the injured party may seek legal recourse to remedy the harm caused.
Yes. Child support liens attach to real estate in California both voluntarily and involuntarily. Liens are effectively a public notice of outstanding claims against your property. In the case of child support, a custodial parent can place a lien against the non-custodial parent’s property when they fail to make court ordered payments. Child support liens last until the non-custodial parent resolves their debt by payment in full.
The California Multi-Party Account Law governs financial accounts with multiple endorsers and beneficiaries, such as joint accounts, pay on death accounts, and Totten trust accounts. The law ensures transparency and protection for account holders by outlining how these accounts are managed, how funds are distributed on death, and the rights of each involved party. Understanding how California’s Multi-Party Account Law protects account holders and financial institutions helps prevent disputes and ensures the account holder’s intentions are respected at the time of distribution.
Commercial real estate is property being operated to generate business revenue through rental income or capital gains. Because it is meant to generate revenue if it is residential property, it must be used as rental housing to still be considered commercial real estate. It is not personal property.
Yes. Judgments should properly name the fiduciary in their representative capacity when the fiduciary is involved in legal proceedings on behalf of a trust, estate, or other entity. Fiduciaries, such as trustees or executors hold a position of legal responsibility to manage and protect the interests of the beneficiaries or estate that they represent. Ensuring that fiduciaries are properly named and identified in their representative capacity clarifies their role in the proceeding and helps eliminate confusion about personal and official liability. Overall, properly naming fiduciaries in their representative capacity safeguards the fiduciary and the trust or estate they manage by providing clear understanding of the 
Dividing property following divorce or dissolution proceedings can be complicated under family law principles. If the property has appreciated in value, this can make dividing it more contentious and complicated.