Yes. A party may be able to receive credits and/or offsets for upgrading a property in a partition action under many circumstances. In a partition lawsuit, two parties disagree about what to do with the jointly-owned property. In those circumstances, one party can seek the sale of the property and then have the equity divided…
Continue reading ›Partition by a private sale is a method of selling jointly owned property, either by joint tenants or tenants in common, under the court’s supervision via a court order or a court-ordered referee. What is a partition lawsuit? A partition action or a partition lawsuit is when one co-owner, or when one person with interest…
Continue reading ›Receivers and partitions referees are cut from the same cloth. In actions involving property, they step in at the request of the parties or order of the court to properly dispose of or manage the property at issue. Their roles are to act as a third party with no ties to any of the co-owners…
Continue reading ›When there is a court-ordered partition by division, there are several steps that both the court and parties take to ensure that the property is physically divided both equally and equitably. Read on to find out the different avenues the court takes when deciding a partition by division lawsuit. How does the Court Account for…
Continue reading ›Generally speaking, no, jury trials are not available in partition actions because partition action lawsuits are generally based on equity and therefore do not need a jury trial to decide each party’s rights. However, in some specific scenarios, it is within the court’s discretion to allow factual issues or claims to the property to be…
Continue reading ›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…
Continue reading ›While it is possible for a co-owner to lawfully adversely possess the other tenant’s interest in the property under California law, in practice, it is quite difficult and cumbersome. If you co-own or are a co-tenant of a shared piece of real estate property, possession is not enough for the court to determine that the…
Continue reading ›While the brief answer is “yes,” the issue is a bit complicated, like many things in the real estate litigation world. Who is a proper party to a partition action? Generally, any person claiming an interest in a piece of real estate must be joined in the action in order to fully settle all issues…
Continue reading ›No, rent control laws cannot prevent a partition eviction. However, the answer is a bit more complicated than one might think. There are very specific rules and regulations in California that regulate both rent control laws and partition action evictions. Read on to learn more. What is Rent Control? While the benefits of rent control…
Continue reading ›When a title owner sues to partition the property, then the matter is relatively straightforward. On the other hand, when a person claims to be an owner of the property but does not appear on the title, can they still sue to partition the property? Who can sue for partition? A legal titleholder—as well as…
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