Articles Posted in real estate law

Generally, a co-owner of real property may commence an action in a partition. Owners of an estate of inheritance, a life estate, or an estate for years who hold such interest concurrently or in successive estates may seek to partition the property. (CCP § 872.201(a)(2).) Those with concurrent interest in the property may partition the…

When a person passes away and leaves behind the property, their property must first pass through the probate process before being passed down to family members and loved ones. Essentially, the probate process is a legal process that determines the execution of the estate of someone who has passed away. Moreover, during the probate process,…

For family members of a deceased loved one, the most important part of probate proceedings is the final distribution of the estate. This occurs once the estate’s debts and obligations have been satisfied, and it serves to more or less end the probate of the estate. But what if someone thinks they’re entitled to a…

Partitions are lawsuits that split up the property between multiple co-owners so that each can take their equity out of the home. The prototypical partition is that between unmarried partners or business partners. Both own equal shares, but only one wants to end the relationship and take their money out. Partitions enable this to happen,…

A deed is a legal instrument, evidenced in writing, to confirm the ownership interest or legal rights of an owner of real property. Essentially, a deed is necessary to determine the titleholder of a piece of real estate. Moreover, a deed grants an owner of real property legal rights to convey, sell, or transfer the…

A property’s legal description is an essential element of any property transfer, and it serves as the basis for most property-based lawsuits. Quiet title summons, partition complaints, and lis pendens notices must all contain legal descriptions, just to name a few. Funnily enough, however, despite the legal description importance, there is no standard form in…

An estate is categorized by the duration of time one holds an interest in the estate. For example, an estate acquired through inheritance is categorized differently from an estate for years. There are three different ways an estate can be categorized, which is codified in California Civil Code section 765. Essentially, section 765 categorizes an…

An action to quiet title allows a litigant to clear title or have the court establish title to a piece of real property where the title to that property is in the issue. Moreover, a quiet title action is not solely for the purpose of establishing a legal interest in real property but can also…

Yes, although the tenant is not allowed to exclude the non-consenting owners. The reason for this is grounded in ancient legal doctrine regarding the “right to possession” that all co-owners of property share together. Each owner may exercise this right, and each may grant it to a third party, should they so choose, even without…

While it may not be obvious, a sizeable portion of the work that real estate agents and realtors do is court-ordered. Real estate law is a massive field, and often, the disposition of litigation results in the court forcing the sale of a property, be it a business, home, condominium, etc. As such, many realtors…