California Partition Law Blog

Can you partition a life estate? (CCP § 872.710)

Published on: September 14, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-1-1-300x300 Yes. When co-owners of property decide they want to go their separate ways but cannot come to an agreement on a buyout or reimbursements, they can institute a partition action and have the court system solve the problem for them.

The presence of a life estate, however, substantially complicates this process. Additional evidentiary showings are required, and a partition might not even be available if the life estate owner fights the lawsuit. Thankfully, the Underwood Law Firm is more than familiar with partitions of all types and is here to assist property owners throughout the process.

What is a life estate?

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What is a Claim for Waste in California? (Civ. Code § 818)

Published on: September 9, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-300x300 A “waste” claim is a means of recovering damages when a tenant on real property does substantial damage to the property itself. Most often, a waste claim arises when a person renting property causes damage while living there. But a waste claim isn’t restricted to landlords and tenants. It applies to nearly all situations where two or more people have some sort of interest in the common property.

On top of being their own cause of action that can be asserted in a lawsuit, waste claims can also potentially be raised in partition actions during the accounting stage. This allows property owners to approach the issue in the manner they see fit. Yet, understanding the contours of a waste claim is not as simple as it may seem. There are situations where damage to property is justified, meaning parties cannot always recover damages for the seemingly unjust actions of their co-owner(s).

In these situations, having an experienced real estate attorney at your side can make all the difference. The Underwood Law Firm encounters waste claims with regularity and is well-equipped with legal expertise to help guide those with property interests through this unique legal issue.

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What is the difference between a grant deed and a gift deed? (Civ. Code § 1113)

Published on: September 7, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-1-300x300 The deed to a property is the most important document a property owner has. It describes the title and its associated rights while operating as the conveyance of property itself. But not all deeds are the same.

While grant deeds and gift deeds are incredibly similar, their differences can inevitably lead to legal disputes. The added family dynamics that typically accompany gift deeds can make things even murkier. In these situations, having an experienced real estate attorney at your side can make all the difference. The Underwood Law Firm encounters both types of deeds with frequency and has the familiarity and skill to help title holders understand their rights.

What is a deed?

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What is the Uniform Partition of Heirs Property Act? (CCP § 874.312)

Published on: September 2, 2022 | By Underwood Law Firm, P.C.

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The Uniform Partition of Heirs Act is a new law that changes the procedure for partitions. A partition action is a court-ordered process where a property owner forces a sale of jointly owned real estate. Essentially, a partition action exists to allow people who own real estate together to take their share of the equity and go their separate ways.

With the price of California’s real estate ever-increasing, the Legislature recognized the importance of keeping property within the family and decided to adopt and enact the Uniform Partition of Heirs Act.

The importance of inherited property cannot be understated. It is the key to advancing inter-generational wealth, allowing families to build off a stable foundation, free from the expensive and stressful process of buying property in California.

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Title Insurance and Title Guarantees: What’s the Difference? (Ins. Code § 12340.1)

Published on: August 31, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-2-2-300x300 “Title” is the single most important word when it comes to purchasing a property. If there is a problem with it, then an entire real estate transaction can be disrupted or canceled outright. Many people consider the purchasing of a home to be the single most important transaction of their lives. Therefore, it only makes sense that there would be options to assuage the worried buyer.

These options come in the form of insurance and guarantees. But while they may serve the same set of individuals, they could not be more different. The Underwood Law Firm, P.C. is familiar with how to navigate property transactions and understands the importance of knowing these differences for those looking to buy property, especially in California.

What is Title Insurance?

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What is a “rightful” dissociation from a Partnership? (Corp. Code 16601)

Published on: August 26, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-5-300x300 General partnerships, and their “joint venture” cousins, are composed of partners seeking to make a profit in a business venture. But things don’t always work out. Often, a once promising endeavor breaks down due to mismanagement and miscommunication. In these situations, partners may feel the urge to get out with whatever equity they can. Usually, it isn’t that easy.

The Revised Uniform Partnership Act allows partners to dissociate from their partnerships whenever they want. Yet this withdrawal can sometimes cause serious damage, especially when the partner trying to leave was a major source of capital. For that reason, the California Corporations Code provides for penalties when the dissociation is “wrongful.” In the end, getting out of a partnership isn’t so much about doing it the “right” way as it is about avoiding the “wrong” way to dissociate.

What is dissociation?

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What is an Elisor? (Corp. Code § 128(4))

Published on: August 24, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-1-2-300x300 Just because a party prevails in a lawsuit does not mean the matter is over. Rarely discussed but crucially important is the fact that a judgment must be enforced once it is entered. This isn’t always easy. Losing parties don’t always want to cooperate, especially when they’re operating without an attorney.

Sometimes, a party might “disappear,” ignoring all communications from the other side and the court. Other times, they might simply refuse to sign documents as ordered, convinced the court got it wrong. These actions can cost victorious parties thousands of extra dollars of their time and money. Thankfully, in these situations, litigants have a unique remedy to combat this behavior: an elisor.

An elisor is a person appointed by the court to perform functions like the execution of a deed or document. (Blueberry Properties, LLC v. Chow (2014) 230 Cal.App.4th 1017, 1020.) They are most commonly utilized in cases where a party never shows up or where a party refuses, even under court order, to sign documents as required by the court.

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Do All Owners Need to Sign a Real Estate Listing Agreement? (Corp. Code § 1624(a)(4))

Published on: August 19, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-2-1-300x300 A realtor should take the necessary legal steps to ensure that all real estate owners do so. When most people buy or sell property, they hire a real estate agent to assist with the process. While the concept of these agreements seems simple enough, these agreements can get complicated when the property in question is owned by more than one person. The Underwood Law Firm is familiar with these disputes and is in the ideal position to assist your dealings with real estate brokers.

What is Needed for a Real Estate Listing Agreement to be Valid?

California law provides that an agreement authorizing an agent, broker, or any other person to purchase or sell real estate is “invalid, unless [the agreement], or some note or memorandum thereof, are in writing and subscribed by the party to be charged or the party’s agent.” (Civ. Code § 1624(a)(4).)

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How do you partition a condominium? (CCP § 872.820)

Published on: August 17, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-4-300x300 When co-owners of property decide they want to go their separate ways but cannot come to an agreement on a buyout or reimbursements, they can institute a partition action and have the court system solve the problem.

While partition actions usually involve homes or commercial properties, they can also involve condominiums. Condos bring with them some additional complexities because condo owners generally own an interest in their individual units and the common areas of the condominium complex.

This dual ownership can pose problems because there are restrictions in place about what can and can’t be partitioned when condominiums are involved. Thankfully, the Underwood Law Firm is more than familiar with partitions of all types of property and is here to assist property owners throughout the process.

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Can an ousted cotenant recover possession of the property? (Civ. Code § 843)

Published on: August 12, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-2-300x300 Yes. Co-owners of property are entitled to certain rights, namely, the right to possess and use the property as they see fit. But sometimes, things do not work out with the other owners.

Heirs to an estate can bicker, business relationships can fall through, and family dynamics can fall apart. This may result in the rightful owner of the property being ousted by the other(s). In these situations, finding the right real estate lawyer to assist in the process of recovering possession is crucial. The Underwood Law Firm, P.C. is familiar with these sensitive matters and has the legal acumen to help you recover possession of your property.

Do cotenants each have a right to occupy their property?

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