If your co-owner is not paying the mortgage, this may be an early sign of a co-ownership dispute. In many scenarios where a co-owner is unwilling to contribute to a co-owned property, there will be disagreements on the disposition of
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Co-ownership in San Jose and San Francisco: A Growing Trend
The Silicon Valley and neighboring areas of San Francisco have become hot spots for real estate co-ownership in California. As California’s #1 partition attorneys, the co-ownership experts at Talkov Law have delved into the factors that give rise to…
Appraisals of Fair Market Value under the Partition of Real Property Act – Code of Civil Procedure 874.316(d)
While the public may believe there is only one way to appraise a property, many co-owners end up in a debate with the court over the parameters of a proper valuation under the Partition of Real Property Act.
“Fair…
How Does the Partition Referee Get Paid?
The compensation of the partition referee is paid at the end of the case, which is generally when the co-owners are being paid. In California, partition referees effectuate the court’s judgment that the property should be partitioned, which usually involves…
Do I Have to Sue my Family Member to Obtain my Share of the Inherited Property?
It is common for family dynamics to be strained after inheriting real estate because many co-owners are unable to agree on how to manage the property. A co-owner may want to move into the property despite only inheriting 50% and…
Can You Make Property Improvements During a Partition?
While you may want to make improvements to a co-owned property, you may want to consider the timing in relation to when you file a partition. This article will discuss the advantages and disadvantages of allocating funds for…
Are Cross-Complaints for Declaratory Relief in Partition Actions Proper?
While cross-complaints for declaratory relief in partition actions can be appropriate for clarifying the rights and duties of parties concerning the property in dispute, their utility may be limited as to ownership disputes since they are already at issue in…
Factors Impacting Cost of a Partition Action in California
Legal fees in a partition action are generally smaller than the Realtor fees involved in forcing the sale. However, co-owners are wise to make an educated guess of the cost of attorney’s fees in a partition lawsuit. The cost of…
What is Tenancy in Common?
California recognizes different forms of property co-ownership, the most common and default of which is tenants in common.
California Civil Code 682 recognizes “ownership of property by several persons” in these forms:
(a) Of joint interest.
(b) Of partnership interests.
(c) Of interests in…
My Co-owner is Not Paying the Property Taxes
It’s not uncommon for one co-owner to bear the brunt of property taxes, especially in scenarios where one co-owner resides on the property while others do not. An issue arises when this arrangement leads to a disparity in financial contributions…