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Posts
2025-03-04:
What is the “Internal Affairs Doctrine”?
2025-02-28:
What is Commercial Litigation?
2025-02-26:
Are Wills Public Records? (Prob. Code § 8200)
2025-02-14:
Can You “Abandon” a Partnership? (Corp. Code, § 16801.)
2025-02-12:
What is Filial Responsibility? (Fam. Code § 4400)
2025-02-07:
Can jointly owned property be sold by one owner?
2025-02-05:
What is a “Partition In Kind”?
2025-01-31:
What Are Your Rights as a California Registered Domestic Partner? (Fam. Code, § 297)
2025-01-29:
What is a Partition Lawyer?
2025-01-24:
What is an Easement in Gross v. an Easement Appurtenant?
2025-01-22:
What is the Difference Between an Heir and a Beneficiary?
2025-01-17:
Who Pays for a Partition Action?
2025-01-15:
What is a Resulting Trust versus a Constructive Trust?
2025-01-10:
What is a “Grandfather Clause” in Real Estate?
2025-01-08:
What is an Encumbrance?
2025-01-03:
What Acts Breach a Fiduciary Duty?
2024-12-27:
Do Child Support Liens Attach to Real Estate? (Fam. Code, § 17523)
2024-12-20:
What is CAMPAL (Prob. Code § 5100)?
2024-12-18:
What is Commercial Real Estate?
2024-12-13:
Should Judgments Name Fiduciaries in Representative Capacities? (Prob. Code, § 18004.)
2024-12-11:
A Guide to Dividing Property Appreciation (Marriage of Marsden (1982) 130 CalApp.3d 426)
2024-12-06:
What is a Broker’s Opinion of Value? (12 U.S.C. § 3355.)
2024-12-04:
How Long Does a Trustee have to Distribute Assets in California? (Prob. Code, § 12200.)
2024-11-29:
A Guide to State of California Business Searches (Corp. Code, § 1502)
2024-11-25:
A Guide to Civil Discovery in Probate (Prob. Code § 1000)
2024-11-20:
What is the Probate Overbid Process? (Prob. Code, § 10311)
2024-11-18:
Is Title Determinative (In re Marriage of Valli (2014) 58 Cal.4th 1396)?
2024-11-13:
A Step-by-Step Guide to Notarizing Documents in California
2024-11-11:
Can a trustee file a partition action? (Prob. Code § 16226.)
2024-11-09:
What is an Elder Abuse and Dependent Adult Restraining Order? (Wel. & Inst. Code § 15657.03(a)(1).)
2024-11-08:
What is a Motion in Limine? (Evid. Code, § 353)
2024-11-01:
Are rents recoverable in a partition action? (McWhorter v. McWhorter (1929) 99 Cal.App. 293)
2024-10-30:
What is a Fiduciary Duty? (Corp. Code § 16404)
2024-10-23:
What is a Putative Spouse (Fam. Code § 297)?
2024-10-16:
A Guide to Liquidated Damages (Civ. Code § 1671)
2024-10-09:
What is the Difference Between a Jurat and an Acknowledgement?
2024-10-02:
Does a Personal Lien Attach to Real Estate? (CCP § 697.320)
2024-09-26:
What is a “Partnership Dissolution”/ Partnership Buyout Agreement?
2024-09-19:
A Guide to Exceptions in a Title Report
2024-09-11:
Can a Co-Owner Recover Value of Time or Services in a Partition Action?
2024-09-04:
AB 2016 — An Update to “Small Estate Petitions” (Prob. Code § 13100)
2024-08-28:
Is It Possible to Bring a Partition Action in Federal Court?
2024-08-21:
What is a “Title Defect”?
2024-08-16:
What is a Trustee Removal Petition (Prob. Code, § 17200(b)(10))?
2024-08-09:
What Does “Color of Title” Mean?
2024-08-02:
A Primer on “Arm’s Length Transactions”
2024-07-24:
What is the ownership presumption in a probate dispute? (Fam. Code 760.)
2024-07-12:
A Guide to “Necessary” Parties in a Partition Action (CCP § 872.510.)
2024-07-08:
Is a Deed a Contract?
2024-06-28:
Who Receives Notice of Sale in a Partition Action (CCP § 873.640)?
2024-06-19:
Qualified Personal Residence Trusts (26 C.F.R. § 25.2702-5)
2024-06-13:
A Primer on Transfer on Death (TOD) Deeds (Prob. Code § 5600 to § 5698)
2024-06-07:
A Primer on Short Cause Trials (California Rule of Court 3.735)
2024-05-31:
What is a Bona Fide Purchaser for Value? (Civ. Code § 1214)
2024-05-29:
A Guide to a “Cloud on Title”
2024-05-17:
Real Estate Commissions in Probate Actions (CCP 873.745)
2024-05-15:
A Primer on the “After Acquired Title Doctrine” (Civ. Code § 1106)
2024-05-01:
The Costs of A Partition Action
2024-04-25:
Distributions of Proceeds in Partition Actions (CCP Section 873.820)
2024-04-22:
A Guide to the Marketable Record Title Act (Civ. Code § 880.020)
2024-04-11:
Can One Co-Owner Take All of the Rent from the Property?
2024-04-03:
A Guide to Penalties for Financial Elder Abuse (Probate Code Section 859)
2024-03-27:
A Primer to Trustees and Beneficiaries in California (Prob. Code § 16000.)
2024-03-20:
A Guide to Statutory California Settlement Offers (Code of Civil Procedure Section 998)
2024-03-11:
Underwood Law Recognized as Partition Pros (Daily Journal)
2024-03-06:
Jogani v. Jogani: A Massive Decision on Joint Ownership
2024-02-28:
A Guide to Restraints on Alienation (Civ. Code Section 711)
2024-02-21:
Testimony on Property Value in Partition Cases (Evid. Code Section 813)
2024-02-16:
How to file a partition action in California
2024-02-14:
A Guide to Rights of First Refusal
2024-02-09:
Trust Asset Distributions (Probate Code § 16246)
2024-02-07:
A Primer on Tax Auctions (Code of Civil Procedure section 701.660)
2024-01-31:
Newsweek Recognizes Eli Underwood as Partition Expert
2024-01-31:
Undivided v. Divided Interests in Real Estate
2024-01-26:
5 Things to Prepare For If You Own Real Estate in 2024 (via CSQ)
2024-01-19:
Affidavit of Death of a Joint Tenant (Probate Code § 210)
2024-01-17:
Selling Partition Property Through a Private Sale (CCP 872.720)
2024-01-12:
Equity as a Settlement Offer (Code of Civil Procedure § 998)
2024-01-05:
Partition Actions by Personal Representatives (Prob. Code § 9610)
2024-01-04:
Partitions of Spousal Property with Third Parties (Fam. Code § 2021)
2023-12-29:
A Guide to the Independent Administration of Estates Act
2023-12-27:
A Primer on the Corporate Transparency Act
2023-12-22:
Law.com recognizes Underwood Law Firm as Leading Partition Firm
2023-12-20:
The LLC Buyout Procedure (Corp. Code § 17707.03)
2023-12-15:
Valuing Shares in a Corporate or LLC Buyout
2023-12-13:
The 2024 Updates to the Civil Discovery Act (SB 235)
2023-12-09:
Title Insurance in Real Estate Litigation
2023-12-06:
A Primer on Depositing Money Into Court (CCP § 572-573)
2023-12-01:
The Complete Guide to the Partition of Real Property Act (Part 5)
2023-11-29:
Failed Deeds in Contemplation of Marriage
2023-11-26:
The Complete Guide to the Partition of Real Property Act (Part 4)
2023-11-22:
How Does a Lender Respond to a Partition Action (Civ. Code § 2924l) [With Form]
2023-11-17:
The Complete Guide to the Partition of Real Property Act (Part 3)
2023-11-15:
What is a 1542 Waiver? (Civ. Code section 1542)
2023-11-10:
The Complete Guide to the Partition of Real Property Act (Part 2)
2023-11-08:
Can One Tenant in Common Convert to a Joint Tenancy?
2023-11-03:
The Complete Guide to the Partition of Real Property Act (Part 1)
2023-11-01:
What is the effect of an unrecorded deed? (Civ. Code 1217)
2023-10-27:
Service by Publication (CCP section 415.50)
2023-10-25:
Does the Attorney-Client privilege apply to Trustees and Powers of Attorney? (Probate Code section 4123)
2023-10-20:
What is a Right of First Refusal?
2023-10-18:
What is “Real Property”? (Civ. Code § 658)
2023-10-13:
Does a Partition Count as a Bankruptcy Claim?
2023-10-11:
What is Proposition 19?
2023-10-06:
Who is a “responsible bidder” under the Partition Law (CCP § 873.740)?
2023-10-04:
What is the difference between a deed of trust and a mortgage?
2023-09-29:
A Guide to Appealing an Interlocutory Judgement
2023-09-27:
How do you dissolve a Limited Liability Company in California?
2023-09-20:
What is an Order Determining Succession to Real Property? (Probate Code Section 13154)
2023-09-15:
Can a Tenant in Common Force a Sale of Property in California?
2023-09-13:
Can You File a Lis Pendens Based on a Constructive Trust Theory?
2023-09-08:
When Can a Sheriff Serve a Summons and Complaint (Gov. Code 26665)?
2023-09-06:
What Is The Statute of Limitations On a Quiet Title Action? (CCP § 338)
2023-09-01:
How to Escape the AirBnBust
2023-08-30:
What is the Liability of a Partition Referee? (Holt v. Brock (2022) 85 Cal.App.5th 611)
2023-08-25:
Can You Abandon Real Estate (Gerhard v. Stephens (1968) 68 Cal.2d 864, 876-877)?
2023-08-23:
Does California Penal Code Section 496 Apply to Business Disputes?
2023-08-18:
What is an Ouster?
2023-08-16:
When Should You Change Your Lawyer? (MC-050) With Form
2023-08-11:
Code of Civil Procedure (CCP) Section 872.250—Lis Pendens
2023-08-09:
Who is Responsible for Injuries on Jointly Owned Property? (Civ. Code § 1714)
2023-08-04:
Understanding Real Estate Contracts
2023-08-02:
Code of Civil Procedure (CCP) Section 872.240—Joinder of Property
2023-07-28:
Code of Civil Procedure (CCP) Section 872.230—Partition Complaint
2023-07-26:
What is the Home Equity Sales Contract Act (Civil Code section 1695)?
2023-07-21:
Code of Civil Procedure (CCP) Section 872.220—Title Report
2023-07-19:
What Disclosures is a Realtor Required to Provide in a Sale?
2023-07-14:
What are Klopping Damages?
2023-07-12:
Code of Civil Procedure (CCP) Section 872.210—Persons Authorized to Bring Partition Actions
2023-07-07:
Code of Civil Procedure (CCP) Section 872.140—Compensatory Adjustment
2023-07-05:
What Happens When an Unmarried Couple Buys a House as a Tenancy-In-Common?
2023-06-30:
Code of Civil Procedure (CCP) Section 872.130–Partition Law Injunctions
2023-06-28:
How Does the Process of a Partition Sale differ from a Foreclosure Sale?
2023-06-23:
Code of Civil Procedure (CCP) § 872.120 General Authority to Hear Motions and Make Orders and Decrees
2023-06-21:
How Does a Partition Sale Differ From the Process of a Probate Sale?
2023-06-16:
Rules of Practice in Partition Actions (CCP § 872.030.)
2023-06-14:
Can a Co-Owner Take Out a Mortgage Without Your Consent?
2023-06-09:
How Does the Process of a Partition Sale Differ From a Divorce Sale?
2023-06-07:
Code of Civil Procedure (CCP) § 872.020—Partition Law Title
2023-06-06:
Top Partition Lawyer Eli Underwood Named to California Lawyers Association Real Property Law Section Executive Committee
2023-06-02:
How Does a Partition Sale Differ From the Process of a Trustee Sale?
2023-05-31:
Partition Law Definitions (Code of Civil Procedure (CCP) section 872.010.)
2023-05-26:
What Does It Mean When a Property Is Sold “As-is?”
2023-05-23:
What are the tax implications when one co-owner sells to another (Rev. & Tax. Code § 62)?
2023-05-19:
What can you do when a co-owner refuses to pay taxes (CCP § 872.140)?
2023-05-17:
What is the Legal Effect of a Lis Pendens (Civ. Code section 1214)?
2023-05-12:
What is a Trust (Boshernitsan v. Bach (2021 61 Cal.App.5th 883)?
2023-05-10:
Can One Owner Force a Sale of a House?
2023-05-05:
What Are the Rules for Buying Probate Property (Prob. Code § 10580)?
2023-05-03:
What is a Petition to Determine Distribution Rights (Prob. Code § 11705)?
2023-04-28:
What are the steps to partition trust property?
2023-04-26:
What is a Deed?
2023-04-21:
What is the proper venue for a trust (Probate Code section 17005)?
2023-04-19:
#SCANDOVAL: Vanderpump Rules’ Star Tom Sandoval Refusing to Leave Home the Couple Shared… What Now?
2023-04-14:
What is a “legal description” of real estate (Civil Code section 1092)?
2023-04-12:
What are the different types of real estate (Civil Code section 765)?
2023-04-07:
How to Acquire a Default Judgement in a Quiet Title Action (CCP § 764.010)?
2023-04-05:
Can one owner sign a lease for an entire property?
2023-03-31:
Can you partition a Bank Account (CCP § 872.210)?
2023-03-29:
10 Things Every Realtor Needs to Know About Partitions
2023-03-24:
How do you enforce real estate contracts in Probate Court (Probate Code section 850)?
2023-03-22:
What Is a Real Estate Investment Trust (Corp. Code section 23000)?
2023-03-17:
Is a Partition Action Exempt from Bankruptcy Proceedings (CCP § 715.050)?
2023-03-15:
What is a disclaimer of interest (Probate Code § 278)?
2023-03-08:
What is a Prejudgment Claim to Right of Possession (CCP § 415.46)?
2023-03-03:
What is a Civil Harassment Restraining Order? (Code of Civil Procedure section 527.6)
2023-03-01:
When is it ‘unpracticable’ to continue a partnership? (Corp. Code § 16801(5))
2023-02-24:
What is a Heggstad petition (Estate of Heggstad (1993) 16 Cal.App.4th 943)?
2023-02-22:
What is an Accounting Action (CCP § 872.140)?
2023-02-17:
What are the steps to dissolve a partnership (Corp. Code § 16801)?
2023-02-15:
What is a Marvin Agreement (Marvin v. Marvin (1976) 18 Cal.3d 660)?
2023-02-10:
What is a Deed of Trust? (CCP § 2924)
2023-02-08:
What is a TIC Agreement (Kapner v. Meadowland Ranch Assn. (2004) 116 Cal.App.4th 1182)
2023-02-03:
What is Adverse Possession (CCP § 323)
2023-02-01:
What happens when a co-owner refuses to pay their share of the mortgage? ((Wallace v. Daley (1990) 220 Cal.App.3d 1028.)
2023-01-27:
Are Attorneys’ Fees Available as Contract Damages? (CCP § 3300)
2023-01-25:
What is a Motion to Determine Title in a Quiet Title Action? (CCP § 760.030)
2023-01-20:
Can Guardians or Conservators file partition claims? (CCP § 872.710(c))
2023-01-18:
What are the Steps in the Partition Process? (CCP § 872.210)
2023-01-13:
Can you partition trust property? (CCP § 873.840(c))
2023-01-11:
Are Tenant-in-Common Agreements Constitutional? (Tom v. City and County of San Francisco (2004) 120 Cal.App.4th 674.)
2023-01-06:
What is a slander of title action? (Hill v. Allan (1968) 259 Cal.App.2d 470.)
2023-01-04:
Is there a Statute of Limitations on Partition Actions? (CCP § 318)
2022-12-30:
What is an Ejectment Action? (CCP § 3375)
2022-12-28:
What is a Partition by Appraisal? (CCP § 873.910)
2022-12-23:
A Guide to California Joint Tenancy (Milian v. De Leon (1986) 181 Cal.App.3d 1185)
2022-12-21:
What is an Interlocutory Judgement? (CCP § 872.720.)
2022-12-16:
How do you enter judgment on an arbitration award? (CCP § 1285)
2022-12-14:
What is a Full Credit Bid? (CCP § 873.630)
2022-12-09:
What is the Statute of Frauds? (Code of Civil Procedure section 1624)
2022-12-07:
What is a Joint Venture? (April Enterprises, Inc. v. KTTV (1983) 147 Cal.App.3d 805)
2022-12-02:
Who Can Be a Partition Referee? (CCP § 873.050)
2022-11-29:
When can a deed be rescinded? (Civ. Code § 3412)
2022-11-25:
Who can buy property at a partition sale? (CCP § 873.690)
2022-11-23:
What are a partition referee’s duties? (CCP § 873.060)
2022-11-18:
What is the Partition of Real Property Act? (CCP § 874.316)
2022-11-16:
How do you create a partnership? (Corp. Code § 16101)
2022-11-11:
What is a Partial Taking in Eminent Domain? (CCP § 1263.410)
2022-11-09:
What is Escrow? (Civ. Code § 1057)
2022-11-04:
What is the difference between legal title and equitable title? (Evid. Code § 664.)
2022-11-02:
What is a Partition Referee’s Report? (CCP § 873.710)
2022-10-28:
What is a Writ of Possession? (CCP § 715.010)
2022-10-26:
What is a Pre-Judgment Claim to a Right of Possession in Eminent Domain? (CCP § 1255.260)
2022-10-21:
How Can You Expunge a Lis Pendens? (CCP § 405.4)
2022-10-19:
What Happens when a Partition By Appraisal Fails? (CCP § 873.910)
2022-10-14:
What are the historical origins of partition actions? (Blackstone, Commentaries on the Laws of England)
2022-10-12:
Is Reverse Veil-Piercing Permitted in California? (Postal Instant Press, Inc. v. Kaswa Corp. (2008) 162 Cal.App.4th 1510)
2022-10-07:
What is a Quiet Title Action? (CCP § 764.010)
2022-10-05:
What is a lis pendens? (CCP § 405.21)
2022-09-30:
What is the difference between a grant deed and a marital deed? (Civil Code § 1092)
2022-09-28:
How do you sue “all unknown persons” in a quiet title action? (CCP § 763.010)
2022-09-23:
In Eminent Domain, what must be included in a pre-condemnation offer? (Gov. Code § 7267.1)
2022-09-21:
What are the rules for race-notice/recording in California? (Civ. Code § 1215)
2022-09-16:
What are the historical origins of joint-tenancies and tenancies-in-common? (Blackstone, Commentaries on the Laws of England)
2022-09-14:
Can you partition a life estate? (CCP § 872.710)
2022-09-09:
What is a Claim for Waste in California? (Civ. Code § 818)
2022-09-07:
What is the difference between a grant deed and a gift deed? (Civ. Code § 1113)
2022-09-02:
What is the Uniform Partition of Heirs Property Act? (CCP § 874.312)
2022-08-31:
Title Insurance and Title Guarantees: What’s the Difference? (Ins. Code § 12340.1)
2022-08-26:
What is a “rightful” dissociation from a Partnership? (Corp. Code 16601)
2022-08-24:
What is an Elisor? (Corp. Code § 128(4))
2022-08-19:
Do All Owners Need to Sign a Real Estate Listing Agreement? (Corp. Code § 1624(a)(4))
2022-08-17:
How do you partition a condominium? (CCP § 872.820)
2022-08-12:
Can an ousted cotenant recover possession of the property? (Civ. Code § 843)
2022-08-10:
How do you sever a joint tenancy in California? (Code of Civil Procedure section 683.2)
2022-08-08:
What is a Partition Action? (Code of Civil Procedure § 872.210)
2022-08-05:
What is the difference between a grant deed and a quitclaim deed? (Civil Code § 1113)
2022-07-29:
A Guide to Tenants-in-Common in California (Civ. Code § 682)
2022-07-27:
Does RUPA apply to joint ventures? (Corp. Code § 16101)
2022-07-22:
Is a litigation guarantee required in a Partition Action?
2022-07-20:
Do you have a right to recover attorney’s fees in partition actions? (CCP § 874.020)
2022-07-13:
What is the difference Between Tenants in Common and Joint Tenants? (Code of Civil Procedure section 683)
2022-07-08:
Can You Partition Partnership Property? (Corp. Code § 16202)
2022-07-06:
Can I get compensated for improvements in a partition action (IE- upgrades)? (Code of Civil Procedure section 874.010)
2022-07-01:
What is a Shareholder Derivative Suit? (Corp. Code § 800)
2022-06-28:
Can a property owner testify as to the value of their property in eminent domain? (CCP § 1260.210)
2022-06-24:
How does a partition by private sale work? (CCP § 872.720)
2022-06-20:
What is the difference between a receiver and a partition referee? (CCP § 873.610)
2022-06-17:
How does a court make an accounting when a property is partitioned by division? (CCP § 873.250)
2022-06-08:
Is a jury trial available in a partition action? (Shaw v. Superior Court (2017) 2 Cal.5th 983)
2022-06-06:
What is pre-judgment interest on an eminent domain award? (CCP § 1245.220)
2022-06-03:
Can a guarantor in the property sue for partition?
2022-06-01:
Can a co-owner lawfully adverse possess the other tenant’s interest in the property? (Civ. Code § 683)
2022-05-30:
Can a third party be joined in a family law proceeding to sell a property?
2022-05-27:
Can a property owner sue for inverse condemnation when the government refuses to permit development?
2022-05-25:
Can someone foreclose on a property during a partition action?
2022-05-21:
Can Rent Control Laws Prevent a Partition Eviction? (Civ. Code § 1632)
2021-11-24:
Does an equitable owner have a right to partition property? (CCP § 872.210)
2021-11-22:
What types of uses are favored for Surplus Land? (Gov. Code § 54220)
2021-11-22:
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)
2021-11-21:
What Is a Partition Agreement? (CCP § 872.710)
2021-11-13:
What are the Benefits of Buying Surplus Land? (Gov. Code § 54225)
2021-11-13:
Can You Contest The Title in a Partition Action? (CCP § 872.210)
2021-11-08:
The Surplus Land Act’s Pre-Negotiation Notice Requirement (Gov. Code § 65088.4)
2021-11-05:
How Does Accounting Work In A Partition By Division? (CCP § 873.250)
2021-11-03:
What’s the Big Deal with the New Surplus Land Act? (Gov. Code § 54222)
2021-11-01:
What is the purpose of the Surplus Land Act? (Gov. Code § 54221)
2021-10-30:
How does a 1031 Exchange Work in Eminent Domain? (I.R.C. § 1033)
2021-10-29:
Why Don’t Business Owners Receive Compensation Offers in Eminent Domain? (Gov. Code § 7267.1)
2021-10-27:
Who is a proper party to a partition action? (CCP § 872.540)
2021-10-22:
How Does a Partial Taking Affect My Property Taxes? (Treas. Reg 6 1.10233(a)-2(c)(10)
2021-10-19:
So, You Bought a House with Your Boyfriend
2021-10-15:
How Does a Partition Lawsuit Work? (CCP § 874.720)
2021-10-14:
How Does Eminent Domain Work?
2021-10-13:
Is a Partition Always 50/50? (CCP § 874.040)
2021-10-08:
The Problem with Partnerships
2021-09-22:
How do I respond to an Eminent Domain Lawsuit?
2021-09-22:
Surplus Land Act Guidelines Released
2021-09-22:
What is the Surplus Land Act?
2021-09-22:
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