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…
Continue reading ›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…
Continue reading ›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…
Continue reading ›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 ›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 ›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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