California Partition Law Blog
Yes, but only in specific circumstances. When thinking of lawsuits, most people associate them with individuals. John may sue Mary for battery, for example. But this isn’t always the case. A large part of the law is devoted to virtual representation because some people, like minors, simply cannot file suit.
This is where guardians and conservators come into play. These are officers that can be appointed or approved by the court and whose sole responsibility is the management of a person or thing on their behalf. Commonly, we associate conservators with property and guardians with people, but the differences are, in actuality, quite minute.
Partitions are lawsuits that seek to divide up the shared equity in a property. But what happens when one of the owners is a minor or so elderly that they cannot manage the property on their own? At Underwood Law Firm, we have the answers. Our attorneys are more than familiar with partitions and the complexities such lawsuits can entail, particularly when conservatorships or trusts are involved. With our attorneys at your side, you can be sure that we will best assist you in achieving your litigation objectives.
When there are two or more owners of a piece of real property who are unable to come to an agreement on how to divide the property, any co-owner of the subject property may petition the court to partition the property. This is known as a partition action. Generally, the decision of a court to partition the property is merely the first step in the partition process. Although a partition action may sound quite simple, it is a complex process that requires extensive accounting and patience. 
In California, property subject to a trust can be partitioned, though with some additional wrinkles to the regular partition process. Because trusts can often involve successive estates with future and present property interests, litigants should take care to understand the law regarding trusts before beginning such an action. 
Co-ownership of property brings with it many rights and duties under the law. These rights and duties can vary depending on whether co-owners hold property as 
Slander of title is quite the unique cause of action. As the name implies, it involves defamatory or slanderous activity but not against any person or personal interest. Instead, a slander of title involves activity that calls the state of your title into doubt (by, for example, filing an unwarranted lis pendens) that diminishes the value of your property. 
In most cases, no. Instead, the statute of limitations most frequently bars a partition action when a party’s rights to the property have lapsed due to an ouster. 
A partition by appraisal is an alternative method of partition that occurs when the parties to a 
“Joint tenancy” is a phrase that most people associate with the co-ownership of a property. And indeed, this is correct. Joint tenancy is a form of co-ownership in California, second only to
In California, in many 
Even when a party finally secures a judgment of partition, the property itself must still be sold (or partitioned in another way). This raises a brand-new set of issues for litigants as they attempt to figure out the terms of sale, when the property should be sold, and, most importantly, the asking price.