One reason partition actions are a good option is that there is generally an absolute right to partition, but every rule has exceptions. In a partition action, the main exception is when the parties have executed a partition agreement. Generally, the right to partition can be waived by an express—or implied—an agreement between co-tenants. (CCP…
Continue reading ›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…
Continue reading ›When two parties jointly own property but cannot agree on its use, then the sale of the property by a “partition” action is frequently a great remedy to solve the dispute. This tool, however, is not available in all circumstances. While a “partition by sale” makes a lot of sense with regard to a single-family…
Continue reading ›The purpose of this post is to discuss who should be part of a partition action. This post will discuss who is typically joined, note some interesting problems, and address how to properly prosecute such an action. After reviewing this article, the reader will be better able to identify who should be named as a…
Continue reading ›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…
Continue reading ›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…
Continue reading ›The purpose of this post is to discuss how the proceeds of a partition action are divided between the owners of the property. This post will address the general rule for partition actions, address common instances, and provide some insight for anyone going through the process. The first thing to know about partition actions is…
Continue reading ›Who is Marcus Underwood Law Firm, P.C.? This blog is a next-generation law firm designed to solve modern-day legal problems in greater Sacramento and Northern California by combining new technology with an old-fashioned focus on your legal most difficult and complex legal problems. What does this Blog Cover? This blog will provide its readers with…
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