real estate law Archives

Do All Owners Need to Sign a Real Estate Listing Agreement? (Corp. Code § 1624(a)(4))

Published on: August 19, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-2-1-300x300 A realtor should take the necessary legal steps to ensure that all real estate owners do so. When most people buy or sell property, they hire a real estate agent to assist with the process. While the concept of these agreements seems simple enough, these agreements can get complicated when the property in question is owned by more than one person. The Underwood Law Firm is familiar with these disputes and is in the ideal position to assist your dealings with real estate brokers.

What is Needed for a Real Estate Listing Agreement to be Valid?

California law provides that an agreement authorizing an agent, broker, or any other person to purchase or sell real estate is “invalid, unless [the agreement], or some note or memorandum thereof, are in writing and subscribed by the party to be charged or the party’s agent.” (Civ. Code § 1624(a)(4).)

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How do you partition a condominium? (CCP § 872.820)

Published on: August 17, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-4-300x300 When co-owners of property decide they want to go their separate ways but cannot come to an agreement on a buyout or reimbursements, they can institute a partition action and have the court system solve the problem.

While partition actions usually involve homes or commercial properties, they can also involve condominiums. Condos bring with them some additional complexities because condo owners generally own an interest in their individual units and the common areas of the condominium complex.

This dual ownership can pose problems because there are restrictions in place about what can and can’t be partitioned when condominiums are involved. Thankfully, the Underwood Law Firm is more than familiar with partitions of all types of property and is here to assist property owners throughout the process.

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Can an ousted cotenant recover possession of the property? (Civ. Code § 843)

Published on: August 12, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-2-300x300 Yes. Co-owners of property are entitled to certain rights, namely, the right to possess and use the property as they see fit. But sometimes, things do not work out with the other owners.

Heirs to an estate can bicker, business relationships can fall through, and family dynamics can fall apart. This may result in the rightful owner of the property being ousted by the other(s). In these situations, finding the right real estate lawyer to assist in the process of recovering possession is crucial. The Underwood Law Firm, P.C. is familiar with these sensitive matters and has the legal acumen to help you recover possession of your property.

Do cotenants each have a right to occupy their property?

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What is the difference between a grant deed and a quitclaim deed? (Civil Code § 1113)

Published on: August 5, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-1-1-300x300 The deed to a property is the most important document a property owner has. It describes the title and its associated rights while operating as the grant of the property itself. But not all deeds are created equal.

While grant deeds and quitclaim deeds are the most common tools for transferring title, they carry different warranties and convey fundamentally different property interests. These differences are immensely important, as they determine what rights a property owner actually has. The Underwood Law Firm, P.C. encounters both types of deeds with frequency and has the familiarity and skill to help titleholders understand their rights.

What is a deed?

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A Guide to Tenants-in-Common in California (Civ. Code § 682)

Published on: July 29, 2022 | By Underwood Law Firm, P.C.

underwood-guide-to-tenants-in-common-300x300 Co-owning property as tenants in common is the favored form of joint ownership in California. (Wilson v. S.L. Rey, Inc. (1993) 17 Cal.App.4th 234, 242 (S.L. Rey).) Yet, property held in tenancy in common brings with it a unique set of potential issues that are not present in the other forms of joint ownership recognized by the state. (see California Civil Code, § 682.)

Different ownership interest percentages between co-owners can affect one’s responsibilities for common expenses and levels of disbursement on a sale. A fiduciary relationship between joint owners can disrupt a co-owner’s ability to acquire an encumbrance. Payments for improvements to the property may not be recoverable in an accounting action if deemed “unnecessary.” These are just some of the issues we will attempt to address in this post about the financials of tenancies in common.

Developing Co-Owned Property

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Does RUPA apply to joint ventures? (Corp. Code § 16101)

Published on: July 27, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-1-3-300x300 Yes. While joint ventures are a distinct type of business entity, they share many similarities with general partnerships in California. In fact, “the resemblance between a partnership and joint venture is so close that the rights as between adventurers are governed by practically the same rules that govern partners.” (Milton Kauffman, Inc. v. Superior Court (1949) 94 Cal.App.2d 8, 17.) That being said, there are some differences between the two. This post will address those differences and discuss the common issues that arise among them.

What is a joint venture?

Under California law, a joint venture “exists where there is an agreement between the parties under which they have a community of interest, that is, a joint interest, in a common business undertaking…” (County of Riverside v. Loma Linda Univ. (1981) 118 Cal.App.3d 300, 313.) In essence, “a joint venture is an undertaking by two or more persons to carry out a single business enterprise for profit.” (Unruh-Haxton v. Regents of University of California (2008) 162 Cal.App.4th 343, 370.)

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Is a litigation guarantee required in a Partition Action?

Published on: July 22, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-2-1-300x300 While litigation guarantees are recommended in a lot of contested real estate issues in court, it is not required in a partition action. Read on to find out more about the nuances of litigation guarantees and their relationship with partition actions.

What is a partition action?

A partition action or a partition lawsuit is when one co-owner, or when one person with interest in the property wants to sell the property, but the other co-owners or others with interest in the property do not want to sell their ownership rights.

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Do you have a right to recover attorney’s fees in partition actions? (CCP § 874.020)

Published on: July 20, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-1-2-300x300 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 this blog post will therefore be those common issues that arise when attempting to recoup your costs.

The Authority for Awarding Attorney’s Fees in Partition Actions

Code of Civil Procedure, section 874.010 states that “[t]he costs of partition include: (a) [r]easonable attorney’s fees incurred or paid by a party for the common benefit.”

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What is the difference Between Tenants in Common and Joint Tenants? (Code of Civil Procedure section 683)

Published on: July 13, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-1-300x300 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 of ways of holding titles between unmarried individuals, which is generally known as “co-tenancy.” (Civ. Code § 682.)

How is a joint tenancy created in real estate?

Generally, creating and maintaining a joint tenancy is much more difficult than creating a tenancy in common. First, a joint tenancy exists only when the “four unities” are concurrently present in the estate: the unity of interest, unity of time, unity of title, and unity of possession. (Tenhet, 18 Cal.3d 150, 155.) Second, by statute, a joint tenancy exists “when expressly declared in the will or transferred to be a joint tenancy.” (CCP § 683.)

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Can You Partition Partnership Property? (Corp. Code § 16202)

Published on: July 8, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-1-1-300x300 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 some of the issues involved with partitioning property belonging to a partnership.

What is a Partnership?

Partnerships are a type of corporate entity with its own set of rules and regulations. By code, a partnership is born by the association of two or more individuals to carry on as co-owners of a business for profit, whether or not the persons intended to form a partnership. (Corp. Code § 16202.)

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