Talkov Law

Some co-owners in California wonder if there are any limitations on the time to file a partition action. For example, suppose a co-owner moved out of a property 20 years ago and never paid the taxes. Does that mean that they are no longer a co-owner? As explained below, co-owners do not lose their status as co-owners by the passage

Can Realtors assist their clients in selling a co-owned property?
As a Realtor, you may have come across situations in which a disagreeable co-owner disrupts an otherwise easy sale. Your client may have his or her heart set on selling the home but is unable to do so without the signature of the uncooperative co-owner. Or, perhaps one co-owner wants

California Code of Civil Procedure 874.320 the California partition statute that explains the details of how a court will sell a property under the California Uniform Partition of Heirs Property Act. The statute states the following:

(a) If the court orders a sale of heirs property, the sale shall be an open-market sale unless the court finds that a sale

Who is responsible for paying for a partition action in California?
As experienced partition attorneys, one of the most common questions we receive is who will pay for legal services related to the partition action. This can include attorney’s fees, filing and court fees, fees associated with fixing up the property in preparation for sale, and more. Many of

What is the Partition of Real Property Act (Formerly Known as the Uniform Partition of Heirs Property Act (UPHPA)) in California?

The Partition of Real Property Act is a new bill that will go into effect on January 1, 2023 which replaces the Uniform Partition of Heirs Property Act. The Act allows for added opportunities for non-partitioning parties to buy

Generally, California schools can only communicate with birth parents about any issues or concerns regarding their children as a result of certain privacy laws. Problems can arise when involved caregivers who are not biological parents, such as step-parents, grandparents, or other third parties, are not allowed to communicate with the school. This privacy law often leaves stepparents or other caregivers

California Code of Civil Procedure 873.770 is the California partition statute that explains how the partition referee will distribute proceeds of sale when the purchaser is also a party entitled to some of the proceeds of sale, i.e., when credit bidding may be available. The statute provides that:
Where the purchaser is a party or lienholder entitled to a share

Real Estate Partition Definition in California
A partition action is a court-ordered equitable division of property. When one or more co-owners disagrees on what to do with a co-owned property, a partition action can be started to force the sale of the subject property. This definition of a real estate partition shows how a partition can be used to divide