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Scott Talkov

Rising Interest Rates #1 Issue in Partitions

Rising Interest Rates on Co-Owner Buyouts in a Partitions

The rise of interest rates that started in mid-2022 is a common concern tor co-owners considering a partition action to end their co-ownership of real property. This is because co-owner buyouts, as are common outcome of a partition action, can be harder to accomplish when the buying co-owner must borrow money at a higher interest … Read More

Should I Use an Escrow for my Co-owner Buyout?

Should I Use an Escrow for my Co-owner Buyout?

Utilizing an escrow may prove to be a cost-effective way to complete a co-owner buyout as the resolution to a co-ownership dispute. The role of using an escrow company during a real estate transaction is to facilitate a smooth and secure transactions between co-owners by creating trust through the use of a neutral third-party. This … Read More

Do a Majority of the Co-Owners Need to Support a Partition Action

Is a Majority Vote Needed to File a Partition Action?

No. A common misconception is that a majority of the ownership interests are needed for a court to compel the sale of a jointly-owned property in a partition. This belief is entirely incorrect. Any owner, regardless of their ownership percentage, can initiate the sale of the property, whether they hold 99% or merely 1% of … Read More

The Levels of Aggression in Co-ownership Disputes

Levels of Assertiveness in Ending Co-ownership Disputes

Co-owners are often unsure how assertive they need to be to force the sale or buyout of their jointly owned property. Usually, the lack of cooperation of the other co-owners and the monetary amount involved will dictate how assertive a co-owner will need to be to end the co-ownership dispute. As California’s premier law firm … Read More

Can We Use a Realtor as the Partition Referee?

While the simple answer is “yes,” the reality of a Realtor serving as a partition referee for a partition action is nuanced and warrants a deeper understanding of the pros and cons of using a Realtor for this function. In turn, this requires an understanding of the responsibilities that partition referees execute. A Realtor, with … Read More

TIC Agreements (Tenant-in-Common)

A TIC agreement, short for tenants in common agreement, is becoming a popular method for co-ownership in California, often converting a single property into a townhome with multiple units occupied by unrelated co-owners. Popular for decades in San Francisco, the Los Angeles Times recently reported that the trend has headed to LA where developers are … Read More

Can a Partition Injunction Prevent a Foreclosure

Can a Partition Prevent a Foreclosure?

The threat of foreclosure poses a significant challenge for homeowners facing financial hardship and particular difficulty when a co-owner may be engaged in an active partition action. Amidst this uncertainty, injunctions emerge as a potential safeguard, offering homeowners a legal avenue to protect their property rights. A request for an injunction amidst a partition action … Read More

Can a Co-Owner Buy the Property in the Partition Action

Can a Co-Owner Buy the Property in the Partition Action?

Yes. While co-owners have the opportunity to purchase each other’s shares, navigating this path can introduce potential disputes and requires adherence to specific state laws and court procedures aimed at co-owners seeking to acquire interests. Exploring the feasibility of a co-owner purchasing property in a partition action merges legal intricacies and strategic considerations within the … Read More

What is the Difference Between Joint Tenancy and Tenancy in Common?

Knowing the different types of co-ownership is key to understanding property co-ownership. In California, unmarried co-owners frequently hold title in one of two main forms: tenancy in common or joint tenancy. The difference between these two can greatly affect how property is inherited, managed, and divided in the case of a partition action. Tenancy in … Read More

Damages for Ouster California Partition Action Law Attorney

Damages for Ouster in California Partition Actions

Co-ownership of property often involves a delicate balance of rights and responsibilities among the owners. However, this equilibrium can be disrupted when one co-owner oversteps their bounds, leading to a situation termed “ouster.” An ouster occurs when one co-owner unlawfully excludes another from the property, effectively seizing sole benefits of ownership while circumventing its associated … Read More

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