California Partition Law Blog

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...

There are many different ways you can “win” a partition action, and it all depends on what “winning” looks like to you. Because Partition is an action rooted in equity or fairness you may desire a different outcome than someone else with a similar case. As such, it is important to know what your...

A referee plays an important role in the partition process when a property is being sold. As a referee, they are meant to be neutral. Usually, a referee will conduct a sale and then provide the court with a report on the sale. They can provide an accounting in their report but must exercise...

When co-ownership disputes arise, parties often prefer to resolve the dispute outside of the courtroom, if possible, through buyout or other settlement agreements. In California, co-owners may modify their rights through written agreements, including their right to partition. Thus, co-ownership disputes are often resolved through buyout or settlement agreements The Right to Partition  Co-owners...

Yes. In certain cases, a party can end up owing money after a partition. Partition actions involve the division of property among co-owners, which can give rise to numerous financial costs of partition and may reveal a financial imbalance between co-owners. Understanding what your financial obligations are in co-ownership will help you better manage...