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 ›Pre-judgment interests are accrued interests on judgment amounts. Eminent domain is when the government “takes” private property for the public’s use and then owes fair and just compensation to the original private property owners. An eminent domain award is the court-ordered judgment amount that is based on the fair market value of the property owed…
Continue reading ›Unless the guarantor has an interest in the property, such as a joint tenancy, tenancy in common, or tenancy by the entirety, then no, a guarantor in the property can not sue for partition. This seems complicated, but if you break down that a guarantor simply acts as collateral against a property mortgage, and those…
Continue reading ›While it is possible for a co-owner to lawfully adversely possess the other tenant’s interest in the property under California law, in practice, it is quite difficult and cumbersome. If you co-own or are a co-tenant of a shared piece of real estate property, possession is not enough for the court to determine that the…
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