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Updated:
What is CAMPAL (Prob. Code § 5100)?
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Updated:
What is Commercial Real Estate?
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Updated:
Should Judgments Name Fiduciaries in Representative Capacities? (Prob. Code, § 18004.)
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Updated:
A Guide to Dividing Property Appreciation (Marriage of Marsden (1982) 130 CalApp.3d 426)
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Updated:
What is a Broker’s Opinion of Value? (12 U.S.C. § 3355.)
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Updated:
How Long Does a Trustee have to Distribute Assets in California? (Prob. Code, § 12200.)
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Updated:
A Guide to State of California Business Searches (Corp. Code, § 1502)
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Updated:
A Guide to Civil Discovery in Probate (Prob. Code § 1000)
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Updated:
What is the Probate Overbid Process? (Prob. Code, § 10311)
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Updated:
Is Title Determinative (In re Marriage of Valli (2014) 58 Cal.4th 1396)?
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Updated:
A Step-by-Step Guide to Notarizing Documents in California
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Updated:
Can a trustee file a partition action? (Prob. Code § 16226.)
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Updated:
What is an Elder Abuse and Dependent Adult Restraining Order? (Wel. & Inst. Code § 15657.03(a)(1).)
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Updated:
What is a Motion in Limine? (Evid. Code, § 353)
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Updated:
Are rents recoverable in a partition action? (McWhorter v. McWhorter (1929) 99 Cal.App. 293)
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Updated:
What is a Fiduciary Duty? (Corp. Code § 16404)
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Updated:
What is a Putative Spouse (Fam. Code § 297)?
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Updated:
A Guide to Liquidated Damages (Civ. Code § 1671)
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Updated:
What is the Difference Between a Jurat and an Acknowledgement?
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Updated:
Does a Personal Lien Attach to Real Estate? (CCP § 697.320)
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Updated:
What is a “Partnership Dissolution”/ Partnership Buyout Agreement?
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Updated:
A Guide to Exceptions in a Title Report
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Updated:
Can a Co-Owner Recover Value of Time or Services in a Partition Action?
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Updated:
AB 2016 — An Update to “Small Estate Petitions” (Prob. Code § 13100)
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Is It Possible to Bring a Partition Action in Federal Court?
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Updated:
What is a “Title Defect”?
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Updated:
What is a Trustee Removal Petition (Prob. Code, § 17200(b)(10))?
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Updated:
What Does “Color of Title” Mean?
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Updated:
A Primer on “Arm’s Length Transactions”
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Updated:
What is the ownership presumption in a probate dispute? (Fam. Code 760.)
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Updated:
A Guide to “Necessary” Parties in a Partition Action (CCP § 872.510.)
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Updated:
Is a Deed a Contract?
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Updated:
Who Receives Notice of Sale in a Partition Action (CCP § 873.640)?
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Updated:
Qualified Personal Residence Trusts (26 C.F.R. § 25.2702-5)
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Updated:
A Primer on Transfer on Death (TOD) Deeds (Prob. Code § 5600 to § 5698)
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Updated:
A Primer on Short Cause Trials (California Rule of Court 3.735)
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Updated:
What is a Bona Fide Purchaser for Value? (Civ. Code § 1214)
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Updated:
A Guide to a “Cloud on Title”
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Updated:
Real Estate Commissions in Probate Actions (CCP 873.745)
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Updated:
A Primer on the “After Acquired Title Doctrine” (Civ. Code § 1106)
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Updated:
The Costs of A Partition Action
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Updated:
Distributions of Proceeds in Partition Actions (CCP Section 873.820)
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Updated:
A Guide to the Marketable Record Title Act (Civ. Code § 880.020)
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Updated:
Can One Co-Owner Take All of the Rent from the Property?
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Updated:
A Guide to Penalties for Financial Elder Abuse (Probate Code Section 859)
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Updated:
A Primer to Trustees and Beneficiaries in California (Prob. Code § 16000.)
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Updated:
A Guide to Statutory California Settlement Offers (Code of Civil Procedure Section 998)
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Updated:
Underwood Law Recognized as Partition Pros (Daily Journal)
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Updated:
Jogani v. Jogani: A Massive Decision on Joint Ownership
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Updated:
A Guide to Restraints on Alienation (Civ. Code Section 711)
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Updated:
Testimony on Property Value in Partition Cases (Evid. Code Section 813)
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Updated:
How to file a partition action in California
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Updated:
A Guide to Rights of First Refusal
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Updated:
Trust Asset Distributions (Probate Code § 16246)
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Updated:
A Primer on Tax Auctions (Code of Civil Procedure section 701.660)
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Updated:
Newsweek Recognizes Eli Underwood as Partition Expert
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Updated:
Undivided v. Divided Interests in Real Estate
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Updated:
5 Things to Prepare For If You Own Real Estate in 2024 (via CSQ)
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Updated:
Affidavit of Death of a Joint Tenant (Probate Code § 210)
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Updated:
Selling Partition Property Through a Private Sale (CCP 872.720)
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Updated:
Equity as a Settlement Offer (Code of Civil Procedure § 998)
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Updated:
Partition Actions by Personal Representatives (Prob. Code § 9610)
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Updated:
Partitions of Spousal Property with Third Parties (Fam. Code § 2021)
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Updated:
A Guide to the Independent Administration of Estates Act
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Updated:
A Primer on the Corporate Transparency Act
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Updated:
Law.com recognizes Underwood Law Firm as Leading Partition Firm
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Updated:
The LLC Buyout Procedure (Corp. Code § 17707.03)
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Updated:
Valuing Shares in a Corporate or LLC Buyout
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Updated:
The 2024 Updates to the Civil Discovery Act (SB 235)
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Updated:
Title Insurance in Real Estate Litigation
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Updated:
A Primer on Depositing Money Into Court (CCP § 572-573)
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Updated:
The Complete Guide to the Partition of Real Property Act (Part 5)
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Updated:
Failed Deeds in Contemplation of Marriage
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Updated:
The Complete Guide to the Partition of Real Property Act (Part 4)
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Updated:
How Does a Lender Respond to a Partition Action (Civ. Code § 2924l) [With Form]
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Updated:
The Complete Guide to the Partition of Real Property Act (Part 3)
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Updated:
What is a 1542 Waiver? (Civ. Code section 1542)
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Updated:
The Complete Guide to the Partition of Real Property Act (Part 2)
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Updated:
Can One Tenant in Common Convert to a Joint Tenancy?
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Updated:
The Complete Guide to the Partition of Real Property Act (Part 1)
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Updated:
What is the effect of an unrecorded deed? (Civ. Code 1217)
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Updated:
Service by Publication (CCP section 415.50)
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Updated:
Does the Attorney-Client privilege apply to Trustees and Powers of Attorney? (Probate Code section 4123)
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Updated:
What is a Right of First Refusal?
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Updated:
What is “Real Property”? (Civ. Code § 658)
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Does a Partition Count as a Bankruptcy Claim?
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Updated:
What is Proposition 19?
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Updated:
Who is a “responsible bidder” under the Partition Law (CCP § 873.740)?
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What is the difference between a deed of trust and a mortgage?
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Updated:
A Guide to Appealing an Interlocutory Judgement
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Updated:
How do you dissolve a Limited Liability Company in California?
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Updated:
What is an Order Determining Succession to Real Property? (Probate Code Section 13154)
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Updated:
Can a Tenant in Common Force a Sale of Property in California?
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Updated:
Can You File a Lis Pendens Based on a Constructive Trust Theory?
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Updated:
When Can a Sheriff Serve a Summons and Complaint (Gov. Code 26665)?
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Updated:
What Is The Statute of Limitations On a Quiet Title Action? (CCP § 338)
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Updated:
How to Escape the AirBnBust
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Updated:
What is the Liability of a Partition Referee? (Holt v. Brock (2022) 85 Cal.App.5th 611)
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Updated:
Can You Abandon Real Estate (Gerhard v. Stephens (1968) 68 Cal.2d 864, 876-877)?
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Updated:
Does California Penal Code Section 496 Apply to Business Disputes?
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Updated:
What is an Ouster?
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Updated:
When Should You Change Your Lawyer? (MC-050) With Form
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Code of Civil Procedure (CCP) Section 872.250—Lis Pendens
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Who is Responsible for Injuries on Jointly Owned Property? (Civ. Code § 1714)
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Understanding Real Estate Contracts
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Updated:
Code of Civil Procedure (CCP) Section 872.240—Joinder of Property
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Updated:
Code of Civil Procedure (CCP) Section 872.230—Partition Complaint
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What is the Home Equity Sales Contract Act (Civil Code section 1695)?
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Code of Civil Procedure (CCP) Section 872.220—Title Report
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What Disclosures is a Realtor Required to Provide in a Sale?
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Updated:
What are Klopping Damages?
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Code of Civil Procedure (CCP) Section 872.210—Persons Authorized to Bring Partition Actions
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Code of Civil Procedure (CCP) Section 872.140—Compensatory Adjustment
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Updated:
What Happens When an Unmarried Couple Buys a House as a Tenancy-In-Common?
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Code of Civil Procedure (CCP) Section 872.130–Partition Law Injunctions
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How Does the Process of a Partition Sale differ from a Foreclosure Sale?
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Code of Civil Procedure (CCP) § 872.120 General Authority to Hear Motions and Make Orders and Decrees
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How Does a Partition Sale Differ From the Process of a Probate Sale?
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Updated:
Rules of Practice in Partition Actions (CCP § 872.030.)
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Updated:
Can a Co-Owner Take Out a Mortgage Without Your Consent?
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How Does the Process of a Partition Sale Differ From a Divorce Sale?
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Updated:
Code of Civil Procedure (CCP) § 872.020—Partition Law Title
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Top Partition Lawyer Eli Underwood Named to California Lawyers Association Real Property Law Section Executive Committee
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How Does a Partition Sale Differ From the Process of a Trustee Sale?
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Updated:
Partition Law Definitions (Code of Civil Procedure (CCP) section 872.010.)
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Updated:
What Does It Mean When a Property Is Sold “As-is?”
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Updated:
What are the tax implications when one co-owner sells to another (Rev. & Tax. Code § 62)?
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Updated:
What can you do when a co-owner refuses to pay taxes (CCP § 872.140)?
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Updated:
What is the Legal Effect of a Lis Pendens (Civ. Code section 1214)?
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Updated:
What is a Trust (Boshernitsan v. Bach (2021 61 Cal.App.5th 883)?
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Updated:
Can One Owner Force a Sale of a House?
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Updated:
What Are the Rules for Buying Probate Property (Prob. Code § 10580)?
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Updated:
What is a Petition to Determine Distribution Rights (Prob. Code § 11705)?
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Updated:
What are the steps to partition trust property?
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Updated:
What is a Deed?
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Updated:
What is the proper venue for a trust (Probate Code section 17005)?
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#SCANDOVAL: Vanderpump Rules’ Star Tom Sandoval Refusing to Leave Home the Couple Shared… What Now?
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What is a “legal description” of real estate (Civil Code section 1092)?
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Updated:
What are the different types of real estate (Civil Code section 765)?
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Updated:
How to Acquire a Default Judgement in a Quiet Title Action (CCP § 764.010)?
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Updated:
Can one owner sign a lease for an entire property?
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Updated:
Can you partition a Bank Account (CCP § 872.210)?
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Updated:
10 Things Every Realtor Needs to Know About Partitions
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How do you enforce real estate contracts in Probate Court (Probate Code section 850)?
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Updated:
What Is a Real Estate Investment Trust (Corp. Code section 23000)?
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Updated:
Is a Partition Action Exempt from Bankruptcy Proceedings (CCP § 715.050)?
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Updated:
What is a disclaimer of interest (Probate Code § 278)?
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Updated:
What is a Prejudgment Claim to Right of Possession (CCP § 415.46)?
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Updated:
What is a Civil Harassment Restraining Order? (Code of Civil Procedure section 527.6)
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Updated:
When is it ‘unpracticable’ to continue a partnership? (Corp. Code § 16801(5))
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Updated:
What is a Heggstad petition (Estate of Heggstad (1993) 16 Cal.App.4th 943)?
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Updated:
What is an Accounting Action (CCP § 872.140)?
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Updated:
What are the steps to dissolve a partnership (Corp. Code § 16801)?
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Updated:
What is a Marvin Agreement (Marvin v. Marvin (1976) 18 Cal.3d 660)?
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Updated:
What is a Deed of Trust? (CCP § 2924)
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Updated:
What is a TIC Agreement (Kapner v. Meadowland Ranch Assn. (2004) 116 Cal.App.4th 1182)
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Updated:
What is Adverse Possession (CCP § 323)
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Updated:
What happens when a co-owner refuses to pay their share of the mortgage? ((Wallace v. Daley (1990) 220 Cal.App.3d 1028.)
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Updated:
Are Attorneys’ Fees Available as Contract Damages? (CCP § 3300)
:
Updated:
What is a Motion to Determine Title in a Quiet Title Action? (CCP § 760.030)
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Updated:
Can Guardians or Conservators file partition claims? (CCP § 872.710(c))
:
Updated:
What are the Steps in the Partition Process? (CCP § 872.210)
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Updated:
Can you partition trust property? (CCP § 873.840(c))
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Updated:
Are Tenant-in-Common Agreements Constitutional? (Tom v. City and County of San Francisco (2004) 120 Cal.App.4th 674.)
:
Updated:
What is a slander of title action? (Hill v. Allan (1968) 259 Cal.App.2d 470.)
:
Updated:
Is there a Statute of Limitations on Partition Actions? (CCP § 318)
:
Updated:
What is an Ejectment Action? (CCP § 3375)
:
Updated:
What is a Partition by Appraisal? (CCP § 873.910)
:
Updated:
A Guide to California Joint Tenancy (Milian v. De Leon (1986) 181 Cal.App.3d 1185)
:
Updated:
What is an Interlocutory Judgement? (CCP § 872.720.)
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Updated:
How do you enter judgment on an arbitration award? (CCP § 1285)
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Updated:
What is a Full Credit Bid? (CCP § 873.630)
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Updated:
What is the Statute of Frauds? (Code of Civil Procedure section 1624)
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Updated:
What is a Joint Venture? (April Enterprises, Inc. v. KTTV (1983) 147 Cal.App.3d 805)
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Updated:
Who Can Be a Partition Referee? (CCP § 873.050)
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Updated:
When can a deed be rescinded? (Civ. Code § 3412)
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Updated:
Who can buy property at a partition sale? (CCP § 873.690)
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Updated:
What are a partition referee’s duties? (CCP § 873.060)
:
Updated:
What is the Partition of Real Property Act? (CCP § 874.316)
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Updated:
How do you create a partnership? (Corp. Code § 16101)
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Updated:
What is a Partial Taking in Eminent Domain? (CCP § 1263.410)
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Updated:
What is Escrow? (Civ. Code § 1057)
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Updated:
What is the difference between legal title and equitable title? (Evid. Code § 664.)
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Updated:
What is a Partition Referee’s Report? (CCP § 873.710)
:
Updated:
What is a Writ of Possession? (CCP § 715.010)
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Updated:
What is a Pre-Judgment Claim to a Right of Possession in Eminent Domain? (CCP § 1255.260)
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Updated:
How Can You Expunge a Lis Pendens? (CCP § 405.4)
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Updated:
What Happens when a Partition By Appraisal Fails? (CCP § 873.910)
:
Updated:
What are the historical origins of partition actions? (Blackstone, Commentaries on the Laws of England)
:
Updated:
Is Reverse Veil-Piercing Permitted in California? (Postal Instant Press, Inc. v. Kaswa Corp. (2008) 162 Cal.App.4th 1510)
:
Updated:
What is a Quiet Title Action? (CCP § 764.010)
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Updated:
What is a lis pendens? (CCP § 405.21)
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Updated:
What is the difference between a grant deed and a marital deed? (Civil Code § 1092)
:
Updated:
How do you sue “all unknown persons” in a quiet title action? (CCP § 763.010)
:
Updated:
In Eminent Domain, what must be included in a pre-condemnation offer? (Gov. Code § 7267.1)
:
Updated:
What are the rules for race-notice/recording in California? (Civ. Code § 1215)
:
Updated:
What are the historical origins of joint-tenancies and tenancies-in-common? (Blackstone, Commentaries on the Laws of England)
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Updated:
Can you partition a life estate? (CCP § 872.710)
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Updated:
What is a Claim for Waste in California? (Civ. Code § 818)
:
Updated:
What is the difference between a grant deed and a gift deed? (Civ. Code § 1113)
:
Updated:
What is the Uniform Partition of Heirs Property Act? (CCP § 874.312)
:
Updated:
Title Insurance and Title Guarantees: What’s the Difference? (Ins. Code § 12340.1)
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Updated:
What is a “rightful” dissociation from a Partnership? (Corp. Code 16601)
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Updated:
What is an Elisor? (Corp. Code § 128(4))
:
Updated:
Do All Owners Need to Sign a Real Estate Listing Agreement? (Corp. Code § 1624(a)(4))
:
Updated:
How do you partition a condominium? (CCP § 872.820)
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Updated:
Can an ousted cotenant recover possession of the property? (Civ. Code § 843)
:
Updated:
How do you sever a joint tenancy in California? (Code of Civil Procedure section 683.2)
:
Updated:
What is a Partition Action? (Code of Civil Procedure § 872.210)
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Updated:
What is the difference between a grant deed and a quitclaim deed? (Civil Code § 1113)
:
Updated:
A Guide to Tenants-in-Common in California (Civ. Code § 682)
:
Updated:
Does RUPA apply to joint ventures? (Corp. Code § 16101)
:
Updated:
Is a litigation guarantee required in a Partition Action?
:
Updated:
Do you have a right to recover attorney’s fees in partition actions? (CCP § 874.020)
:
Updated:
What is the difference Between Tenants in Common and Joint Tenants? (Code of Civil Procedure section 683)
:
Updated:
Can You Partition Partnership Property? (Corp. Code § 16202)
:
Updated:
Can I get compensated for improvements in a partition action (IE- upgrades)? (Code of Civil Procedure section 874.010)
:
Updated:
What is a Shareholder Derivative Suit? (Corp. Code § 800)
:
Updated:
Can a property owner testify as to the value of their property in eminent domain? (CCP § 1260.210)
:
Updated:
How does a partition by private sale work? (CCP § 872.720)
:
Updated:
What is the difference between a receiver and a partition referee? (CCP § 873.610)
:
Updated:
How does a court make an accounting when a property is partitioned by division? (CCP § 873.250)
:
Updated:
Is a jury trial available in a partition action? (Shaw v. Superior Court (2017) 2 Cal.5th 983)
:
Updated:
What is pre-judgment interest on an eminent domain award? (CCP § 1245.220)
:
Updated:
Can a guarantor in the property sue for partition?
:
Updated:
Can a co-owner lawfully adverse possess the other tenant’s interest in the property? (Civ. Code § 683)
:
Updated:
Can a third party be joined in a family law proceeding to sell a property?
:
Updated:
Can a property owner sue for inverse condemnation when the government refuses to permit development?
:
Updated:
Can someone foreclose on a property during a partition action?
:
Updated:
Can Rent Control Laws Prevent a Partition Eviction? (Civ. Code § 1632)
:
Updated:
Does an equitable owner have a right to partition property? (CCP § 872.210)
:
Updated:
What types of uses are favored for Surplus Land? (Gov. Code § 54220)
:
Updated:
Can You Recover from Pre-Condemnation Activity? (First English Evangelical Lutheran Church of Glendale v. Los Angeles County (1987) 482 U.S. 304, 316-322)
:
Updated:
What Is a Partition Agreement? (CCP § 872.710)
:
Updated:
What are the Benefits of Buying Surplus Land? (Gov. Code § 54225)
:
Updated:
Can You Contest The Title in a Partition Action? (CCP § 872.210)
:
Updated:
The Surplus Land Act’s Pre-Negotiation Notice Requirement (Gov. Code § 65088.4)
:
Updated:
How Does Accounting Work In A Partition By Division? (CCP § 873.250)
:
Updated:
What’s the Big Deal with the New Surplus Land Act? (Gov. Code § 54222)
:
Updated:
What is the purpose of the Surplus Land Act? (Gov. Code § 54221)
:
Updated:
How does a 1031 Exchange Work in Eminent Domain? (I.R.C. § 1033)
:
Updated:
Why Don’t Business Owners Receive Compensation Offers in Eminent Domain? (Gov. Code § 7267.1)
:
Updated:
Who is a proper party to a partition action? (CCP § 872.540)
:
Updated:
How Does a Partial Taking Affect My Property Taxes? (Treas. Reg 6 1.10233(a)-2(c)(10)
:
Updated:
So, You Bought a House with Your Boyfriend
:
Updated:
How Does a Partition Lawsuit Work? (CCP § 874.720)
:
Updated:
How Does Eminent Domain Work?
:
Updated:
Is a Partition Always 50/50? (CCP § 874.040)
:
Updated:
The Problem with Partnerships
:
Updated:
How do I respond to an Eminent Domain Lawsuit?
:
Updated:
Surplus Land Act Guidelines Released
:
Updated:
What is the Surplus Land Act?
:
Updated:
Welcome to the Underwood Law Firm, P.C. Blog
California Partition Law Blog