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Articles Posted in Partition action

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What happens when a co-owner refuses to pay their share of the mortgage? ((Wallace v. Daley (1990) 220 Cal.App.3d 1028.)

In California, cotenants are obligated to pay for their portion of common costs. A huge part of owning property jointly is “splitting the bill,” so to speak. From Property taxes to mortgage payments to utilities, the list goes on and on in terms of what all cotenants are responsible for.…

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What is a Motion to Determine Title in a Quiet Title Action? (CCP § 760.030)

A motion to determine title is a motion to the court requesting that the court establish title to a piece of real property. Typically, a motion to determine title shows up in the court as a quiet title action. A quiet title action is brought when a litigant seeks to…

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Can Guardians or Conservators file partition claims? (CCP § 872.710(c))

Yes, but only in specific circumstances. When thinking of lawsuits, most people associate them with individuals. John may sue Mary for battery, for example. But this isn’t always the case. A large part of the law is devoted to virtual representation because some people, like minors, simply cannot file suit. …

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What are the Steps in the Partition Process? (CCP § 872.210)

When there are two or more owners of a piece of real property who are unable to come to an agreement on how to divide the property, any co-owner of the subject property may petition the court to partition the property. This is known as a partition action. Generally, the…

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Can you partition trust property? (CCP § 873.840(c))

In California, property subject to a trust can be partitioned, though with some additional wrinkles to the regular partition process. Because trusts can often involve successive estates with future and present property interests, litigants should take care to understand the law regarding trusts before beginning such an action.  At Underwood…

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Are Tenant-in-Common Agreements Constitutional? (Tom v. City and County of San Francisco (2004) 120 Cal.App.4th 674.)

Co-ownership of property brings with it many rights and duties under the law. These rights and duties can vary depending on whether co-owners hold property as tenants in common or joint tenants; these are the two most popular forms of joint ownership in the state. Regardless of the ownership scheme,…

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What is a slander of title action? (Hill v. Allan (1968) 259 Cal.App.2d 470.)

Slander of title is quite the unique cause of action. As the name implies, it involves defamatory or slanderous activity but not against any person or personal interest. Instead, a slander of title involves activity that calls the state of your title into doubt (by, for example, filing an unwarranted…

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Is there a Statute of Limitations on Partition Actions? (CCP § 318)

In most cases, no. Instead, the statute of limitations most frequently bars a partition action when a party’s rights to the property have lapsed due to an ouster.  What is a Partition Action? A partition action is an action brought by a co-owner of a piece of real property against…

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What is a Partition by Appraisal? (CCP § 873.910)

A partition by appraisal is an alternative method of partition that occurs when the parties to a partition action agree to have the subject property partitioned by appraisal. With the Partition of Real Property Act taking effect in 2023, almost every partition action moving forward will involve a Partition by…

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A Guide to California Joint Tenancy (Milian v. De Leon (1986) 181 Cal.App.3d 1185)

“Joint tenancy” is a phrase that most people associate with the co-ownership of a property. And indeed, this is correct. Joint tenancy is a form of co-ownership in California, second only to tenancies-in-common in terms of popularity. But just because the words “joint tenancy” are used in a deed or…

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