Scott Talkov

Code of Civil Procedure 874.317 Cotenant buyout of interests Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.317 CCP – Cotenant buyout of interests (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.317 is the California partition statute that sets forth the manner in which a co-owner of heirs property can buyout the interests of the other co-owners, which forms the essence of the Uniform Partition of Heirs Property Act. The statute states the following: (a) If any cotenant requested partition by … Read More

Code of Civil Procedure 874.316 Determiniation of fair market value, notice Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.316 CCP – Determination of fair market value; notice (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.316 is the California partition statute that sets forth the manner in which the fair market value of the property is determined under the Uniform Partition of Heirs Property Act. The statute states the following: (a) Except as otherwise provided in subdivisions (b) and (c), if the court determines that … Read More

Code of Civil Procedure 874.315 Referees Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.315 CCP – Referees (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.315 is the California partition statute that sets forth the role of the referee in the Uniform Partition of Heirs Property Act. The statute states the following: If the court appoints referees pursuant to Section 873.010, each referee, in addition to any other requirements and disqualifications applicable to referees, shall be … Read More

Code of Civil Procedure 874.313 Applicability Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.313 CCP – Applicability; relation to other laws (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.313 is the California partition statute that sets forth the applicability of the Uniform Partition of Heirs Property Act. The statute states that the applicability is as follows: (a) This act applies to partition actions filed on or after January 1, 2022. (b) In an action to partition real property … Read More

How to File a Partition Lawsuit Lawyer Attorney Action California

How to File a Partition Lawsuit

Filing a Partition Action Suit in California A partition action in California is the only court-ordered process to bring an end to co-ownership disputes by dividing real estate equitably among co-owners. California law allows for three manners of partition: partition in kind, partition by appraisal, and partition by sale. California partition statutes allow for all … Read More

Summers v. Superior Court (2018) Ownership Interests Determined Before Partition Judgment Entered

Summers v. Superior Court (2018) Ownership Interests Determined Before Partition Judgment Entered

In the world of partition actions in California, lawyers have misunderstood the California Court of Appeal opinion in Summers v. Superior Court (2018) 24 Cal. App. 5th 138 as meaning that the interests of parties in the proceeds of sale must be determined before the court can enter an interlocutory judgment for partition by sale. In … Read More

Personal Property in a Partition California Partition Lawyer Talkov Law

Partition of Personal Property

Personal Property in a Partition Action A partition action in California can certainly force the sale of jointly owned real property, but can it partition personal property, such as cars or artwork? This is a common question we are asked given our experience as California partition lawyers. Indeed, California law does allow for the partition … Read More

Terminating Sanctions for Document Fabrication in Federal Court

Terminating Sanctions for Document Fabrication in Federal Court

Federal courts have repeatedly found that terminating sanctions are appropriate when a party commits the cardinal sin of litigation since “fabricating evidence has been referred to as the most egregious misconduct which justifies a finding of fraud upon the Court.” Kenno v. Colorado’s Governor’s Off. of Info. Tech., 2021 WL 2682619, at *19 (D. Colo. June … Read More

11 USC 522(o) - Homestead Exemption Limitations in Bankruptcy

11 USC 522(o) – Homestead Exemption Limitations in Bankruptcy

In bankruptcy, creditors can allege that debtors should lose the part of their homestead exemption that is allegedly “attributable to” an “intent to hinder, delay, or defraud a creditor” under 11 U.S.C. § 522(o). This is particularly important given the recent increase in California’s homestead exemption effective January 1, 2021, which is now as high … Read More

CCP 704.965 Automatic Homestead Exemption California Declared Homestead Exemption

CCP 704.965 – Automatic Homestead Exemption Defeats Outdated Limits on Declared Homestead Exemption in Bankruptcy

Debtors Can Still Claim California’s Increased, Automatic Homestead, Despite California Code of Civil Procedure § 704.965 Effective January 1, 2021, the California homestead exemption increased to $300,000 to $600,000 depending upon the median sales price in the county of residence, up from a meager $75,000 to $175,000 the year before. In turn, creditors have looked … Read More

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