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Partition actions

205 published works

  1. Wills, Trusts & Estates Prof Blog

    Heirs’ partition action not barred: Dog’s longevity leads to property dispute

    By Gerry W. Beyer

    The Rappahannock County Circuit Court ruled that a property settlement agreement (PSA) allowing a man to live on property during his dog's life did not prevent his heirs from seeking…

  2. Wills, Trusts & Estates Prof Blog

    Heirs’ partition action not barred: Dog’s longevity leads to property dispute

    By Gerry W. Beyer

    The Rappahannock County Circuit Court ruled that a property settlement agreement (PSA) allowing a man to live on property during his dog's life did not prevent his heirs from seeking…

  3. Talkov Law Blog

    How to Prove Unpaid Rent in a California Partition Action

    By Scott Talkov

    Proving Unpaid Net Rental Proceeds Collected by a Co-Owner in a California Partition Action Co-owning a property in California can be a profitable arrangement, particularly when it’s rented out. But…

  4. Talkov Law Blog

    Proving Mortgage Payments in a Partition Action Accounting

    By Scott Talkov

    When co-owned property results in a partition action, the court or partition referee may require evidence of who paid the mortgage to divide the proceeds of sale. This article explains…

  5. Talkov Law Blog

    Owelty in Partition Actions

    By Scott Talkov

    In California, partition actions often arise when co-owners of a property—whether through inheritance, business partnerships, or other joint ownership—decide to divide their shared property. However, dividing a property equally can…

  6. Talkov Law Blog

    Quiet Title and Partition Actions for Co-Ownership Disputes

    By Scott Talkov

    What is a Quiet Title Action Alleging Co-Ownership? Quiet Title in California is under the authority of the California Code of Civil Procedure §760.010 – §764.010. Quiet title actions are…

  7. Talkov Law Blog

    How to Sell Property After Co-owner’s Death

    By Scott Talkov

    When real property is held by a co-owner who has passed away, California law allowed the remaining co-owners to sell property by filing a partition action. This means that co-owners…

  8. Talkov Law Blog

    Why is a Partition Action Needed?

    By Scott Talkov

    A partition is often necessary because joint property ownership can swiftly transform from harmonious cohabitation to contentious disputes. Whether it’s the dissolution of a romantic partnership, irreconcilable differences in investment…

  9. Talkov Law Blog

    Does a Partition Action Result in a Jury Trial?

    By Partition TalkovLaw

    Generally a partition action will not result in a jury trial, but will instead be heard by the judge, because a partition is an equitable action. Talkov Law has handled…

  10. Talkov Law Blog

    My Co-owner Asked for Partition by Sale. Can I Buy Out my Co-owner?

    By Scott Talkov

    Yes, California Code of Civil Procedure 874.317 is the California partition statute that sets forth the manner in which a co-owner of property can buy out the interests of the other co-owners…