Blog - Talkov Law Partition Attorneys

Co-Listing as a Solution to Sell Co-Owned Property Disputes

Many co-owners agree that their property should be sold, but end up deadlocked of whose Realtor should be the listing agent. A simple solution is to allow co-listing whereby two listings agents place the property on the market, thereby allowing each co-owner to have an agent they trust handling the sale of the property. This … Read More

Partition Action Timeline: What to Expect from Start to Finish

As California’s first, most popular, and fastest partition law firm, we are often asked how long a partition will take. Talkov Law generally completes partitions in an average of just 7 months to obtain a settlement or judgment of partition, which is followed by a sale or refinance- all without a trial. Other firms lacking … Read More

Oral Agreement Cannot Prevent Joint Tenancy Severance in California

Within the law of California real estate co-ownership, among the most common myths in joint tenancy is that an oral agreement can establish prevent the joint tenancy from being severed. California law is clear: it cannot. The same is true for the creation of a joint tenancy. This issue is critical as many joint tenants … Read More

Partition Offsets: Two Ways to Recover Taxes and Improvements

Partition actions aren’t just about forcing a sale—they’re your chance to get reimbursed for every dollar you put into the property. When a partition action is filed to sell co-owned property, co-owners are entitled to reimbursement for any amounts they overpaid for the property’s expenses or improvements during their co-ownership period. However, determining which reimbursement … Read More

Selling Inherited Property: Do All Heirs Have to Agree?

Can you sell inherited property if the other heirs say no? Yes—you can. That answer surprises many California heirs. When multiple heirs inherit real estate in California, it’s not uncommon for disagreements to arise—especially when one heir wants to sell the property but others do not. Many co-owners assume that all heirs must unanimously agree … Read More

Is Waiver a Defense Under the Partition of Real Property Act?

The enactment of the Partition of Real Property Act has introduced an interesting legal question regarding whether a waiver of partition may be implied when tenants in common are subject to the Act. This issue is particularly relevant given that partition rights are generally considered absolute unless expressly waived by an enforceable agreement. The Partition … Read More

How Are Proceeds Divided After a Partition Sale?

When co-owners of real estate can no longer agree on how to manage, use, or sell a property, a partition action becomes the legal solution to resolve the dispute. One of the most common outcomes of a partition action is a partition by sale, where the property is sold, and the proceeds are divided among … Read More

Partition of Property Co-Owned with Divorcing Couple (Joinder Family Code § 2021)

Co-ownership disputes are complicated when you co-own with a married couple. However, a forced sale of property owned by a third party and a married couple can be addressed 1) through a partition action filed by any co-owner, or 2) through a family law proceeding if the married couple is divorcing, as explained below. Purely … Read More

Forcing the Sale after the Death of a Co-Owner Without Probate

Californians with a deceased co-owner can force the sale of the property without going through probate by filing a partition action. In California, the court can proceed with the partition by joining the deceased co-owner’s representative or successor, or simply their estate if their is no representative. This ensures that the property can be sold … Read More

Why Oral Life Estates Are Not Legally Recognized in California

California law is clear: a life estate must be in writing to be legally enforceable. In California, real estate transactions conveying ownership interests must follow strict legal requirements, particularly when it comes to life estates. Some property owners mistakenly believe that someone can transfer a life estate through a verbal agreement, but this is not … Read More