Articles Posted in co-owner

How do you sever a joint tenancy in California? (Code of Civil Procedure section 683.2)
Underwood Law Firm, P.C.

Joint tenancy is a special type of co-ownership recognized in California. It is commonly associated with married couples, ensuring that when one of them dies, their entire interest in the property passes to the other spouse. This is called the right of survivorship, and it is the defining trait of a joint tenancy. The right…

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What is a Partition Action? (Code of Civil Procedure § 872.210)
Underwood Law Firm, P.C.

What is a Partition Action? 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 and go their separate ways. But, as simple as this seems,…

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

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A Guide to Tenants-in-Common in California (Civ. Code § 682)
Underwood Law Firm, P.C.

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…

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Does RUPA apply to joint ventures? (Corp. Code § 16101)
Underwood Law Firm, P.C.

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…

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Can You Partition Partnership Property? (Corp. Code § 16202)
Underwood Law Firm, P.C.

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…

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Can a guarantor in the property sue for partition?
Underwood Law Firm, P.C.

Unless the guarantor has an interest in the property, such as a joint tenancy, tenancy in common, or tenancy by the entirety, then no, a guarantor in the property can not sue for partition. This seems complicated, but if you break down that a guarantor simply acts as collateral against a property mortgage, and those…

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Can You Contest The Title in a Partition Action? (CCP § 872.210)
Underwood Law Firm, P.C.

In many ways, partition actions are relatively straightforward. Generally, in a partition action, the two property owners cannot agree on its use, and one of the owners asks the court to sell the property so each can go their separate ways. The question arises of whether one of the two persons actually owns the property…

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So, You Bought a House with Your Boyfriend
Underwood Law Firm, P.C.

As a millennial, we’ve faced financial challenges different from all those before us. We graduated college with more debt into the harsh job market of the Great Recession and then have had to compete during one of the hottest housing markets ever. So, many of us have had to do things differently. We’re having children…

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How Does a Partition Lawsuit Work? (CCP § 874.720)
Underwood Law Firm, P.C.

This article provides insight into how the partition process works so that you can know what to expect and hopefully navigate the process more smoothly. The typical steps for a partition lawsuit are described below. Sometimes, when you inherit real estate together with another family member, or you buy an investment with a partner, the…

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