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Partition actions

205 published works

  1. Talkov Law Blog

    Partition of Property Co-Owned with Divorcing Couple (Joinder Family Code § 2021)

    By Scott Talkov

    Co-ownership disputes are complicated when you co-own with a married couple. However, a forced sale of property owned by a third party and a married couple can be addressed 1)…

  2. Talkov Law Blog

    Forcing the Sale with a Deceased Co-Owners Without Probate

    By Talkov Law Partition Attorneys

    Californians with a deceased co-owner can force the sale of the property without going through probate by filing a partition action. In California, the court can proceed with the partition…

  3. Talkov Law Blog

    Why Partition Referees Are Essential in a Partition Action

    By Talkov Law Partition Attorneys

    For many co-owners facing a partition action, the idea of a court-appointed partition referee can seem intimidating. Some fear that a referee will unfairly take sides, undervalue the property, or…

  4. Talkov Law Blog

    What Evidence is Necessary When Requesting Partition Referee for Offsets?

    By Scott Talkov

    When one co-owner asserts that they have contributed more than their fair share towards property costs, a partition action offers an opportunity to reclaim unequal payments for down payments, repairs,…

  5. Talkov Law Blog

    1031 Exchanges in Partition Actions

    By Scott Talkov

    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…

  6. Talkov Law Blog

    What is a Case Management Conference in a Partition Action?

    By Scott Talkov

    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,…

  7. Talkov Law Blog

    Hoarders and Co-Owned Property in California: Legal Remedies Through Partition Actions

    By Talkov Law Partition Attorneys

    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…

  8. Talkov Law Blog

    6 Secondary Sources for Partition Actions in California

    By Scott Talkov

    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…

  9. New York Probate and Estate Administration Lawyer Blog

    Court Ordered Sale of Brooklyn Property Shared by Siblings Graffeo v. Paciello, 46 A.D.3d 613 (2d Dep’t 2007)

    By Stephen Bilkis

    In Graffeo v. Paciello, the Appellate Division, Second Department, reviewed whether a brother could force the sale of a Brooklyn property held with his sister as tenants in common. The…

  10. Talkov Law Blog

    Buying and Selling Fractional Interests in Real Estate: Immediate Cash or Full Value?

    By Talkov Law Partition Attorneys

    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,…