Topic
Partition actions
205 published works
Wills, Trusts & Estates Prof Blog
Heirs’ partition action not barred: Dog’s longevity leads to property dispute
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…
Wills, Trusts & Estates Prof Blog
Heirs’ partition action not barred: Dog’s longevity leads to property dispute
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…
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…
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…
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…
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…
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…
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…
Talkov Law Blog
Does a Partition Action Result in a Jury Trial?
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…
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…