How Long Does It Take to Partition a Property?
A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. The most significant factor is whether the partition is being handled
An assumable mortgage is one where the buyer assumes the existing mortgage of the seller. When the mortgage is assumed, the seller is often no longer responsible for the debt. As it relates to co-ownership, the buying co-owner would thus
There are countless reasons that a co-ownership relationship may be coming to end. Perhaps a romantic relationship between co-owners has ended, but both parties are still on title. Maybe siblings have inherited a family home but one wants to stay
Deciding who to name in a partition complaint can be daunting for litigants and partition attorneys.
California Code of Civil Procedure 872.510 provides as follows: “The plaintiff shall join as defendants in the action all persons having or claiming
How to Force Your Co-owner to Settle a Partition Action by Threatening to Recover the Costs of Partition
Co-owners in a partition action can harness the power of a 998 offer by threatening to recover the costs of partition if
An investment property with tenants can be partitioned, but some unique issues can arise during a partition of a tenant-occupied property. These cases can involve rented single-family homes, or they can be the partition of commercial properties, including apartments,
California Probate Code § 9823 is the California partition statute that addresses the relation between partition actions and probate matters. The statute provides that:
(a) If the decedent leaves an undivided interest in any property, an action for partition of
Co-owner often seek to recover their unequal payments relating to the repairs and improvements to the co-owned property in a partition action. While the law sometimes conflates repairs and improvements, the law favors improvements, but may not always allow
Throughout the course of a partition action, there may come a time when the appointment of a receiver is requested by one of the co-owners. While some parties use the term receiver to mean a partition referee, this
Any co-owner of real property in California can file a partition action, regardless of the size of their ownership interest. Put simply, if someone owns a mere 1% of a property, they can file a partition complaint. This