California Partition Law Blog

A default judgment may be entered against a defendant if they do not respond to the pleadings in time. This is done by requesting default and then requesting that the court enter default judgment. If you have been sued this is an important reason to make sure you respond to the pleadings or the...

The equal dignities doctrine is a California doctrine that affects the applicability of contracts. The doctrine is a subset of a larger doctrine that is called the statute of frauds which governs contracts for things like the sale of land. Some contracts must be in writing to be enforceable like leases, mortgages, and deeds....

It depends. Generally, a deceased person cannot be joined as a party to a lawsuit in their individual capacity. However, the estate of the deceased person, managed by a personal representative, can be joined as a party to a lawsuit. Ultimately, the circumstances under which a deceased person can be joined as a party...

The Williamson Act, also known as the California Land Conservation Act of 1965, allows an owner of agricultural land to enter into a contract restricting the use of land to agricultural purposes and eliminates possible subdivision of the land. The Act in return provides a reduction in the land’s assessed value which decreases the...

By Eli Underwood Today’s partition law is the product of centuries of legal evolution within the Western world. Its roots trace back to Roman law, where co-owners could split shared property through a process called actio communi dividundo. As the law developed, it moved beyond the rigidity of early common law courts, offering more...

By Eli Underwood Home ownership remains an aspiration for millions of people, although changing demographic trends and economic pressures mean that today’s first-time buyers have different domestic arrangements compared to previous generations. Specifically, fewer couples are getting married, and an increasing number of unmarried partners are purchasing properties together. This is an interesting phenomenon...

Under California law, powers of attorney grant an agent with authority to act on someone else’s behalf, but this authority is not absolute. When disputes arise over an agent’s representation under a power of attorney, it may be necessary to override the power of attorney. Understanding what a power of attorney is, how they...

Taking out a loan on property can leave you exposed to liability. However, certain laws offer protection in various circumstances. Usually taking out a loan is done for the purposes of a mortgage which is recorded in a document called a deed of trust. Like with all loans, failure to make regular payments results...

When someone suffers an injury because of another person’s wrongful conduct, the law allows the injured person to seek compensation through “damages.” “Damages” are the monetary compensation awarded to the injured person to make the injured person whole again. California law recognizes various types of damages, including general damages and special damages. Understanding what...

Yes, someone with a valid power of attorney can bring a lawsuit on behalf of the person who granted them authority, if the power of attorney vests them with legal authority to do so. Generally, a power of attorney can authorize actions like property management, conducting financial transactions, or pursuing litigation. However, whether an...