Articles Posted in Tag: titleholder

What is the difference between legal title and equitable title? (Evid. Code § 664.)
Underwood Law Firm, P.C.

The significance of the differences between legal and equitable title is an outright confusing topic, requiring some knowledge of constructive trusts, beneficial interests, and seller’s liens. That said, the concept can be made digestible by boiling it down to its essential elements. When done, this simplification reveals how often we encounter both types of...

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Does an equitable owner have a right to partition property? (CCP § 872.210)
Underwood Law Firm, P.C.

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...

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