California Partition Law Blog
Commercial real estate is property being operated to generate business revenue through rental income or capital gains. Because it is meant to generate revenue if it is residential property, it must be used as rental housing to still be considered commercial real estate. It is not personal property.
Commercial real estate may have multiple uses, like stores and offices or stores and residential property. Under California’s Civil Code, commercial real estate is treated separately from residential real estate. Commercial real estate buyers are presumed to be more experienced and sophisticated in their transactions. This is also because they are usually represented by an agent or broker who represents only their interests. (Easton v. Strassburger (1984) 152 Cal.App.3d 90, 103 fn 8.) Generally, a seller via their broker is required to disclose all facts materially affecting the value or desirability of the property to the purchaser (Civ. Code, § 2079.) This is called the transfer disclosure law. However, this only applies buildings with four or fewer dwellings, so the “transfer disclosure law” usually does not apply to commercial real estate.
With mixed use properties it may apply depending on the “sophistication” of the buyer. (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1189–1190.) There is less protection for commercial tenants, like businesses occupying commercial real estate. Commercial tenants are considered to be “differently situated” than residential tenants. (Civ. Code, § 1993.04) Commercial tenants are more likely to have resources if the need arises to vacate the rental premises.
Dividing property following divorce or dissolution proceedings can be complicated under family law principles. If the property has appreciated in value, this can make dividing it more contentious and complicated.
In determining the value of property, a property owner can seek out a broker’s opinion of value. A broker’s opinion of value, also caller a broker’s price opinion is an assessment of a property’s value. This assessment is done by a real estate broker, often for free to get the property owner’s business.
In California, title is determinative in some instances. This means that a court’s characterization of property in a marital dissolution proceeding determines the division of the property between spouses. How a property is titled may also affect the property’s protection from creditors, taxes, and the probate process. Understanding how and when title is determinative is important because married individuals may hold title in various forms affecting their interests in dissolutions.
Property transfers often require documents showing the transfer to be notarized and recorded. This means the document is entered into the county recorder’s office and notarized to ensure the document is authentic. A signed document can be notarized via a jurat or an acknowledgment. The choice of method is left to the person signing. The purpose of this article is to explain the difference between a jurat and an acknowledgment.
This article is about whether a personal lien, like a lien for child support, can attach to real estate. This is important because property can be used as collateral for debt voluntarily or involuntarily. This means the owner of the property uses the property as collateral by having a lien placed on it.
Exceptions in a title report, also called a preliminary title report, make a potential buyer aware of issues with the property. Exceptions are important as they may limit what 
An Assembly bill applying to decedents’ estates was finalized on August 29, 2024. The bill will amend six sections of the Probate Code (Cal. Prob. Code § 13100-13101, 13150-13152, 13154) and repeal one section (Prob. Code § 13158). This is significant because it impacts how successors of decedents can manage a 
The purpose of this article is to explain about the legal concept of a title defect. Finding defects in the title of a property is important because it indicates there is a problem with the property’s ownership. Title defects can prevent sale and present additional costs to owners and buyers.
The purpose of this article is to explain the term “color of title.” This is an important concept in real property disputes because it means some has apparent title to property based on a written instrument, but that title is actually defective.