Yes. In California, you have a right to recover attorney’s fees by statute. But that doesn’t mean that you can recover 100% of your fees, even in uncontested partitions. Courts will employ numerous equitable considerations in awarding costs, and the complexities of prolonged litigation may render some expenditures on your attorney unrecoverable. The focus of…
Continue reading ›In California, most real estate is held either as marital property, as a tenancy in partnership, as joint tenants, or as tenants-in-common. While holding titles as spouses or in a partnership is relatively straightforward, questions frequently arise as to the differences between “co-tenants” and “tenants-in-common.” This article will explore the difference between the second type…
Continue reading ›Yes. Partnership property is subject to partition on the dissolution, accounting, and wind-up of partnership matters, just like other types of property. As real estate presents unique issues, however, there are many important things to know about the process to ensure that it is done correctly. The purpose of this blog post is to address…
Continue reading ›Yes. A party may be able to receive credits and/or offsets for upgrading a property in a partition action under many circumstances. In a partition lawsuit, two parties disagree about what to do with the jointly-owned property. In those circumstances, one party can seek the sale of the property and then have the equity divided…
Continue reading ›Shareholder derivative suits are lawsuits that allow and assist shareholders in bringing legal action against the board of directors or officers in a corporate entity for illegal action. Read on to find out about the relationship between shareholders and derivative suits. What is a shareholder? Shareholders are everyday individuals who have what is called a…
Continue reading ›Yes. But it is a complex affair. Eminent Domain proceedings take on a unique structure with expert testimony as the backbone for the determination of fair market value. Neither side of the litigation has the burden of proof on this issue of just compensation, and unlike the traditional civil court case, the Defendant presents their…
Continue reading ›Partition by a private sale is a method of selling jointly owned property, either by joint tenants or tenants in common, under the court’s supervision via a court order or a court-ordered referee. What is a partition lawsuit? A partition action or a partition lawsuit is when one co-owner, or when one person with interest…
Continue reading ›Receivers and partitions referees are cut from the same cloth. In actions involving property, they step in at the request of the parties or order of the court to properly dispose of or manage the property at issue. Their roles are to act as a third party with no ties to any of the co-owners…
Continue reading ›When there is a court-ordered partition by division, there are several steps that both the court and parties take to ensure that the property is physically divided both equally and equitably. Read on to find out the different avenues the court takes when deciding a partition by division lawsuit. How does the Court Account for…
Continue reading ›Generally speaking, no, jury trials are not available in partition actions because partition action lawsuits are generally based on equity and therefore do not need a jury trial to decide each party’s rights. However, in some specific scenarios, it is within the court’s discretion to allow factual issues or claims to the property to be…
Continue reading ›
