Co-owning property with someone else can feel like a partnership—until it’s time to divide what’s yours. Disputes often arise because people tend to believe they contributed more than their fair share. This isn’t always intentional. It’s often due to something
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Down Payment Gifts in Partition Actions
In partition actions, where co-owners seek to divide or sell jointly owned property, the issue of down payment gifts can become a contentious matter. When one party receives a substantial financial gift from their family members or friends,…
Can I Pick the Realtor in a Partition Action?
When a partition action calls for the sale of real property, picking a Realtor is a pivotal step. Co-owners can have an important role in selecting the Realtor, but they do not necessarily have the final authority on…
Allocation of Costs of Partition Under the Partition of Real Property Act
Partition actions involve dividing co-owned property, which can be a complex and costly legal process. The Partition of Real Property Act in California guides how these costs should be allocated among the co-owners, focusing on fairness and the specific circumstances…
Joint Tenancy with a Parent: What Happens When the Parent Decides to Sever the Joint Tenancy?
In California, joint tenancy is a common way for parents and children to co-own property, often with the understanding that the property will automatically transfer to the surviving joint tenant, presumably the child, upon the death of the other, presumably…
Avoiding Double Counting Errors in Partition Actions: A Common Pitfall in Real Estate Dispute Accounting
Partition actions, which resolve disputes between co-owners of real estate, often involve detailed accounting of costs, contributions, and reimbursements. Despite the best efforts of partition attorneys and courts, one common error that can significantly impact the fairness of…
What Happens When a Joint Tenant Transfers Their Interest? Understanding Joint Tenancy in California
Joint tenancy is a common form of property ownership in California that includes the right of survivorship, meaning when one joint tenant dies, their interest automatically passes to the surviving joint tenant(s). However, what happens if one joint tenant decides…
How to Prove Unpaid Rent in a California Partition Action
Proving Unpaid Net Rental Proceeds Collected by a Co-Owner in a California Partition Action
Co-owning a property in California can be a profitable arrangement, particularly when it’s rented out. But what happens if one co-owner collects all the rent, perhaps…
Proving Mortgage Payments in a Partition Action Accounting
When co-owned property results in a partition action, the court or partition referee may require evidence of who paid the mortgage to divide the proceeds of sale. This article explains how to meticulously gather and organizing documents, including digital…
Selling Inherited Co-Owned Property to Move Out of California
For those who inherit co-owned homes in California, the decision to keep or sell the property is increasingly influenced by the financial benefits of relocating to less expensive areas. In the past few years, Californians have been relocating to states…