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Partition actions

205 published works

  1. Talkov Law Blog

    What Happens If Your Co-Owner Dies During a Partition Action?

    By Talkov Law Partition Attorneys

    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,…

  2. Talkov Law Blog

    The Importance of Valuation under the Partition of Real Property Act – California Code of Civil Procedure Section 874.320

    By Scott Talkov

    Partition actions are often complex, involving multiple co-owners with competing interests in the division or sale of a property. While many parties understand the importance of a fair valuation in…

  3. Talkov Law Blog

    The Hidden Dangers of DIY Co-Ownership Settlement Agreements

    By Scott Talkov

    When co-owners of real estate face disputes, drafting a co-ownership settlement agreement often seems like a logical and cost-effective way to avoid litigation. However, when co-owners draft these agreements without…

  4. Talkov Law Blog

    Will my Ex Obtain Half the Equity in a Partition?

    By Scott Talkov

    A common misperception in co-ownership of real estate in California is that ex-boyfriends and ex-girlfriends will each get half the proceeds of sale in a partition. This myth is often…

  5. Talkov Law Blog

    What Information Should a Co-owner Gather for a Partition Action

    By Scott Talkov

    In a partition action, gathering evidence to substantiate improvements or to prove your opposing party wrong is crucial. This evidence can significantly impact the offsets awarded and the credibility of…

  6. Talkov Law Blog

    Down Payment Gifts in Partition Actions

    By Scott Talkov

    In partition actions, where co-owners seek to divide or sell jointly owned property, the issue of down payment gifts can become a contentious matter. When one party receives a substantial…

  7. Talkov Law Blog

    Can I Pick the Realtor in a Partition Action?

    By Scott Talkov

    When a partition action calls for the sale of real property, picking a Realtor is a pivotal step. Co-owners can have an important role in selecting the Realtor, but they…

  8. Energy & the Law

    Texas Partition Suit Botched by Failure to Include an Owner

    By Charles Sartain

    When one tires of owning real estate with his co-owners, Texas law allows him the right to sue for partition of the property. In James et al v. Thornberry, 59.79…

  9. Talkov Law Blog

    Allocation of Costs of Partition Under the Partition of Real Property Act

    By Scott Talkov

    Partition actions involve dividing co-owned property, which can be a complex and costly legal process. The Partition of Real Property Act in California guides how these costs should be allocated…

  10. Talkov Law Blog

    Avoiding Double Counting Errors in Partition Actions: A Common Pitfall in Real Estate Dispute Accounting

    By Scott Talkov

    Partition actions, which resolve disputes between co-owners of real estate, often involve detailed accounting of costs, contributions, and reimbursements. Despite the best efforts of partition attorneys and courts, one common…