Articles Posted in co-owner

What is the difference between a grant deed and a marital deed? (Civil Code § 1092)
Underwood Law Firm, P.C.

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 conveyance of property itself. But not all deeds are the same, especially when marriage enters the equation. Marital deeds carry with them their own rules, rights, and duties requiring…

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What are the historical origins of joint-tenancies and tenancies-in-common? (Blackstone, Commentaries on the Laws of England)
Underwood Law Firm, P.C.

American law has its roots in the laws of England. As such, many of the laws still on the books in the 21st Century depend on what English judges thought prior to our War for Independence began in 1776. Because our modern laws go back centuries since before the United States was a country, we…

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Can you partition a life estate? (CCP § 872.710)
Underwood Law Firm, P.C.

Yes. 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 for them. The presence of a life estate, however, substantially complicates this process. Additional evidentiary showings are…

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What is a Claim for Waste in California? (Civ. Code § 818)
Underwood Law Firm, P.C.

A “waste” claim is a means of recovering damages when a tenant on real property does substantial damage to the property itself. Most often, a waste claim arises when a person renting property causes damage while living there. But a waste claim isn’t restricted to landlords and tenants. It applies to nearly all situations where…

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What is the Uniform Partition of Heirs Property Act? (CCP § 874.312)
Underwood Law Firm, P.C.

The Uniform Partition of Heirs Act is a new law that changes the procedure for partitions. A partition action is a court-ordered process where a property owner forces a sale of jointly owned real estate. Essentially, a partition action exists to allow people who own real estate together to take their share of the equity…

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What is a “rightful” dissociation from a Partnership? (Corp. Code 16601)
Underwood Law Firm, P.C.

General partnerships, and their “joint venture” cousins, are composed of partners seeking to make a profit in a business venture. But things don’t always work out. Often, a once promising endeavor breaks down due to mismanagement and miscommunication. In these situations, partners may feel the urge to get out with whatever equity they can. Usually,…

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What is an Elisor? (Corp. Code § 128(4))
Underwood Law Firm, P.C.

Just because a party prevails in a lawsuit does not mean the matter is over. Rarely discussed but crucially important is the fact that a judgment must be enforced once it is entered. This isn’t always easy. Losing parties don’t always want to cooperate, especially when they’re operating without an attorney. Sometimes, a party might…

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Do All Owners Need to Sign a Real Estate Listing Agreement? (Corp. Code § 1624(a)(4))
Underwood Law Firm, P.C.

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…

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How do you partition a condominium? (CCP § 872.820)
Underwood Law Firm, P.C.

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…

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Can an ousted cotenant recover possession of the property? (Civ. Code § 843)
Underwood Law Firm, P.C.

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…

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