California Partition Law Blog

What is the effect of an unrecorded deed? (Civ. Code 1217)
Underwood Law Firm, P.C.

In California, an unrecorded interest is valid between the parties thereto and those who have notice thereof. (Civ. Code § 1217.) Just because a deed is unrecorded doesn’t mean it isn’t valid. If executed correctly, it is a valid transfer of real estate. But that doesn’t mean an unrecorded deed is a good idea. In…

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Service by Publication (CCP section 415.50)
Underwood Law Firm, P.C.

Service of process is an important aspect of every lawsuit filed in California. If a defendant is not served and thus does not receive notice of a lawsuit, then any judgment entered against them is void, and the plaintiff will have to begin the litigation process all over again. While service of process can be…

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Does the Attorney-Client privilege apply to Trustees and Powers of Attorney? (Probate Code section 4123)
Underwood Law Firm, P.C.

The attorney-client privilege is well-known for a reason. It is a tenant of the legal profession, allowing for clients to approach attorneys with honesty and sincerity without fear that what they say will ever “leave the room,” so to speak. But its application to various situations and circumstances can become quite complicated. For example, two…

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What is a Right of First Refusal?
Underwood Law Firm, P.C.

A right of first refusal is, essentially, an option contract. It is a contract or a condition in a contract between the owner of an asset, and some other person with an interest in that same asset, that allows the interested person to buy the asset from the owner instead of allowing the owner to…

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What is “Real Property”? (Civ. Code § 658)
Underwood Law Firm, P.C.

Under California’s Civil Code, real property refers to land, and things affixed to land such as houses. (Civ. Code § 658.) When people think of “property” they may envision a large lake house or a humble home. But this is only one type of property – real property. Personal property, on the other hand, is…

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Does a Partition Count as a Bankruptcy Claim?
Underwood Law Firm, P.C.

Yes, it can. Partitions and bankruptcy can interact in unusual ways despite the fact that they can often seek the same thing: the sale of a piece of property. Nonetheless, a co-owner of property filing for bankruptcy either before or during a partition lawsuit immediately raises several issues for the other innocent co-owners. For example,…

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What is Proposition 19?
Underwood Law Firm, P.C.

Proposition 19 is a new law in California that significantly affects the way property taxes are assessed on homes when deeded to heirs. While intra-family transfers were previously protected under Proposition 13, its effect has been significantly bludgeoned. On the other hand, Proposition 19 does include the added benefit of extra assessment transfers for residents…

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Who is a “responsible bidder” under the Partition Law (CCP § 873.740)?
Underwood Law Firm, P.C.

Under the Partition Law, “[a] bidder is responsible if it can perform the contract as promised.” (PCC § 20162; Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal.App.4th 1432, 1438.) That means, in essence, that it can be determined from the face of the bid itself that it will be viable, without outside investigation…

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What is the difference between a deed of trust and a mortgage?
Underwood Law Firm, P.C.

Civil Code section 2924 states that “every transfer of an interest in property, other than in trust, made only as a security for the performance of another act, is to be deemed a mortgage.” The “other than in trust” portion of the statute refers only to express trusts, however, because “under a deed of trust…

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A Guide to Appealing an Interlocutory Judgement
Underwood Law Firm, P.C.

Does the appeal of an interlocutory judgment automatically stay the partition case? No. An appeal of an interlocutory judgment in a partition case is not stayed unless the appellant files an undertaking. (CCP §§ 917.4, 917.5.) Normally, appeals of court judgments result in an “automatic” stay that restrains the lower trial court from issuing any more orders…

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