Talkov Law Partition Attorneys
Partition Attorneys in California
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Latest posts
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Can a Restraining Order Remove a Co-Owner From the House?
A domestic violence move-out order can remove a co-owner from a California house regardless of title, but it changes only who lives there, not who owns it or how the property is divided. The post Can a Restraining Order Remove a Co-Owner From the House? appeared first on Talkov…
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Do You Need a Lawyer for a Partition Action in California?
An individual co-owner can represent themselves in a California partition action, but a company, executor, or trustee must hire a lawyer. The post Do You Need a Lawyer for a Partition Action in California? appeared first on Talkov Law Partition Attorneys .
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Can Your Co-Owner Buy You Out if You Are on the Mortgage?
Often not, and the mortgage is usually the reason. When the co-owner who wants out is on the loan, a co-owner buyout generally means paying off that loan or getting the lender to release the departing co-owner, and a replacement loan at today’s rates can cost far more than the…
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What If Some Co-Owners Want to Sell and Others Won’t Take a Side?
When five siblings inherit a house and three want to sell, the other two cannot stop the sale, whether one lives in the house or one is simply on the fence. Any one of the three can file a partition action, and every other sibling is named as a defendant without having to take a…
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Escrow Vesting Worksheet and How Co-Owners Hold Title
The vesting worksheet signed during escrow is usually why a deed says joint tenants or tenants in common. Co-owners who say they never agreed usually signed it, and the choice affects a California partition action. The post Escrow Vesting Worksheet and How Co-Owners Hold Title…
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Can a Realtor List a Property With Only One Co-Owner’s Signature?
Yes. An agent can list a California property with only one co-owner's signature, but that listing binds only the co-owner who signed it and can't sell the whole property. A partition action can force the sale. The post Can a Realtor List a Property With Only One Co-Owner’s…
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Transfer on Death Deed With Multiple Beneficiaries in California
A California transfer on death deed can name several beneficiaries. When the owner dies, they inherit the house together in equal shares. If they cannot agree on keeping, renting, or selling it, any one of them can file a partition action. The post Transfer on Death Deed With…
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Is a Partition Referee Necessary in California?
Not always. Most California partitions that end in a court-ordered sale need a referee, but a court-appointed broker can fill that role, and cases that settle never need one. The post Is a Partition Referee Necessary in California? appeared first on Talkov Law Partition…
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What Is an Elisor in a California Partition Action?
An elisor is a person the court appoints, usually the clerk of the court, to sign a deed or other document for a party who refuses to sign it. In a California partition action, an elisor is a backup tool, while a partition referee does the real work. The post What Is an Elisor…
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Partition When a Co-Owner Is on Active Military Duty
A partition action can proceed against a co-owner on active military duty, but the Servicemembers Civil Relief Act allows stays of at least 90 days and bars default judgments until the court appoints counsel. The post Partition When a Co-Owner Is on Active Military Duty appeared…
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Stipulation and Order Appointing a Partition Referee [California Template Sample Example]
A partition referee is the neutral person the court appoints to sell or divide co-owned property. When the co-owners agree on who should serve, they can submit a stipulation and proposed order appointing the referee. Below is a sample for California. The post Stipulation and…
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I Paid the Mortgage. Can I Get It Back in a Partition?
Usually, yes. In a California partition action, a co-owner who paid more than their share of the mortgage is generally entitled to be repaid the excess out of the sale proceeds before the remaining money is divided. The post I Paid the Mortgage. Can I Get It Back in a Partition?…