In California contract law, past consideration cannot form the basis of an enforceable contract. This principle plays a crucial role in real estate and partition disputes, where parties may attempt to retroactively classify a past financial transaction—such as
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1031 Exchanges in Partition Actions
Partition actions often result in the sale of co-owned property, leaving the court to determine how the proceeds should be distributed among the co-owners. For co-owners interested in reinvesting their share of the proceeds into like-kind property via a 1031…
What is a Case Management Conference in a Partition Action?
In a California partition action, the case management conference promotes timely resolution through an open hearing involving the attorneys and judge. Its purpose, as mandated by California Rules of Court, is to facilitate communication among parties and ensure essential…
Hoarders and Co-Owned Property in California: Legal Remedies Through Partition Actions
When co-owners of real estate disagree on what to do with a property, a partition action is often the best legal solution to force a sale. However, disputes become even more complicated when one of the co-owners is a…
How to Piece Together a Property’s Title History
A property’s title history reveals its ownership trail, liens, and any disputes or irregularities that might affect your rights as the new owner. When purchasing or investing in real property, understanding its title history is crucial.
Why is…
6 Secondary Sources for Partition Actions in California
California partition lawyers are generally focused on real estate litigation, they must also be knowledgeable in other areas of law that come up in cases including trusts and probate, family law, property tax, agency law, judicial accounting, and…
Pleading Requirements for Waiver of Partition
In California, a partition is an absolute right for co-owners, however, the right can be waived by properly pleading the right has been waived. This article explains what constitutes a valid waiver and how to properly plead it in…
Severance of a Joint Tenancy After the ATRO in a Marital Dissolution: Implications for Partition Actions
In California, spouses frequently hold real estate as joint tenants, meaning that if one spouse dies, their interest automatically passes to the surviving spouse by right of survivorship. However, when a marriage dissolves, one spouse may wish to sever the…
Buying and Selling Fractional Interests in Real Estate: Immediate Cash or Full Value?
Fractional ownership in real estate can be both an opportunity and a challenge. Whether you inherited a 50% interest in a property or co-own it with a former romantic partner, disputes or differing goals among co-owners often make it…
What Happens If Your Co-Owner Dies During a Partition Action?
Partition actions are already challenging, but the unexpected death of a co-owner introduces additional complexity. If this happens, your next steps depend on whether the deceased co-owner had an attorney, their ownership structure, and the status of the case. Here’s…