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Articles Posted in rent

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Are rents recoverable in a partition action? (McWhorter v. McWhorter (1929) 99 Cal.App. 293) 

In a partition action the sale proceeds are distributed based on a party’s interest in the property. (Code Civ. Proc., § 872.810.) This includes parties’ ownership interest as well as what improvements they made on the property or other factors. (Code Civ. Proc., § 873.220.) In pursuing partition by sale,…

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Can One Co-Owner Take All of the Rent from the Property?

Often, the question of distributing rent earned on a co-owned property arises in the context of cotenants. Cotenants have equal rights to possess their property with their fellow cotenants. This means that no one cotenant can exclude another from the property. One cotenant can, however, assign their right of possession…

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