Joint ownership of property carries a significant number of rights with it. However, a joint owner cannot sell the property without permission from other co-owners. If one co-owner wants to sell or encumber the entire property and the other co-owner disagrees this can cause conflict. Outside of marriage, property is usually owned as a tenancy…
Continue reading ›Partition is the legal procedure used to divide property among co-owners, often used when co-owners disagree about the property’s sale or division. In California, partition can be achieved through multiple methods: (1) Partition In Kind; (2) Partition by Sale; and (3) Partition by Appraisal. This article only explores Partition In Kind’s specific purpose and procedure…
Continue reading ›One of the issues a property owner encounters is split ownership of property, whether they want to take all of it or get it off their hands. Where multiple people have an interest in property, especially when they already know each other, disputes can get messy. Where one or both owners disagree on how to…
Continue reading ›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…
Continue reading ›A trust set up for property gives beneficiaries a right to the property once the settlor has passed away. This means beneficiaries may become co-owners. However, the trustee may also hold an interest in the property as well. If the trustee is a co-owner of the property, they can file a partition suit. This is…
Continue reading ›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, division of proceeds may raise…
Continue reading ›The purpose of this article is to explain whether a property owner can recover value of time or services in a partition action. Understanding whether an owner can recover the value of time or services is important because it directly affects the compensation they are entitled to recover in a partition action. What is a…
Continue reading ›The purpose of this article is to explain how a partition action could be brought in federal court. While it is possible to bring a partition action in a federal court, because of how state-specific partition statutes are, partition matters are usually handled in state courts. Generally, partition actions are governed by state statutes. Also,…
Continue reading ›The purpose of this blog post is to discuss who must be named in a partition lawsuit. It is important to name all the necessary parties so that the Court can properly issue a judgment at the conclusion of the partition action. As partition lawsuits involve rights to property, it is pretty obvious that the…
Continue reading ›The purpose of this article is to explain a partition sale and who must be notified of a sale. If the co-owners cannot agree about what to do with a property or whether they want to sell it, a partition action may be necessary. This means forcing the sale of the property to divide the…
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