California Partition Attorney Blog

How Does a Partition Referee Sell Property in California?

When co-owners of real estate cannot agree on what to do with the property, a court may order a partition by sale to ensure each owner receives their fair share. The person responsible for carrying out that sale is the partition referee, a neutral professional appointed by the court to handle everything from hiring a … Read More

Taxes Every California Real Estate Owner Should Understand

Owning real estate in California can create significant financial opportunity — and significant tax complexity. Whether the property is a residence, rental, inherited asset, or co-owned investment, multiple layers of taxes may apply at different stages of co-ownership. For co-owners in particular, taxes often become critically important when a dispute arises, a buyout is negotiated, … Read More

Mental Illness and Co-Ownership Disputes

Mental illness can create challenges, with property co-ownership being particularly challenging under California law. From refusal to sell to unpaid expenses, behavioral health concerns can complicate co-ownership and often lead to property disputes. Conditions like anxiety, depression, or substance use disorders may cause communication breakdowns, financial mismanagement, or outright refusal to cooperate. These issues often … Read More

Can You Make Improvements Without Co-Owner Consent?

When you own real estate with another person, disagreements about improvements are common, especially when one co-owner wants to upgrade the property and the other refuses to pay or participate. California co-ownership laws give each owner rights to use and possess the property, but those same laws create complexity about what occurs when one co-owner … Read More

What If the Co-Owner of My House is in Prison?

Owning a house with someone is hard enough when you can talk, negotiate, and sign paperwork together. But when the co-owner is incarcerated, normal solutions often grind to a halt—refinancing stalls, sale decisions get vetoed, and even basic issues like repairs and improvements or rental management turn into disputes. In California, incarceration does not erase … Read More

Inheriting a House with an Uncooperative Family Member

Inheriting a home can feel like a blessing, but it often turns into a nightmare when one family member refuses to cooperate. A common problem occurs when a sibling or relative moves into the inherited home, refuses to sell, and doesn’t contribute to property expenses. Meanwhile, the other heirs are left paying taxes, insurance, and … Read More

Probate Code § 11950 – Two or More Beneficiaries Entitled to Undivided Interests; Petition for Partition, Allotment or Other Division (Probate Actions)

California Probate Code § 11950 is the California probate statute that allows two or more beneficiaries who are entitled to undivided interests in estate property to petition the court for a partition, allotment, or other division of that property. This statute ensures that co-beneficiaries can equitably divide estate property subject to administration and avoid the … Read More

Probate Code § 11953 – Division Proportionate to Party’s Interest; Sale Instead of Division; Agreement to Accept Undivided Interest (Probate Actions)

California Probate Code § 11953 is the California probate statute that governs how property should be divided among multiple beneficiaries who hold undivided interests in estate property, i.e., co-ownership. This section ensures that each beneficiary receives a portion of property equal in value to their share of the estate and allows for a sale when … Read More

Right of Survivorship in California: How It Affects Co-Ownership and Partition Actions

The right of survivorship determines whether property skips probate—or sparks a legal dispute. In California, this powerful legal principle allows a surviving co-owner to automatically inherit the deceased owner’s share of real estate—but only if title is held in a very specific way. When survivorship rights are not clearly stated in the deed, the property … Read More

File a Partition Before Home Prices Drop in California?

Partition actions in California are most effective when filed before home values begin to fall. If you’re involved in the co-ownership of real property and notice signs of a declining market—rising interest rates, increased inventory, or more price cuts—now may be the time to act. Filing early can mean the difference between preserving your equity … Read More

Talkov Law is Rated 5 out of 5 stars based on 169 reviews

Contact Us Today for a Free Consultation

For select matters, payment can be deferred until resolution, with monthly billing also available.

Awards and Recognition

We Have Been Featured On:

Offices Throughout California

Los Angeles Partition Attorneys
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300

Orange County Partition Attorneys
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800

San Jose Partition Attorneys
99 S. Almaden Blvd Suite 600
San Jose, CA 95113
Phone: (408) 777-6800

San Diego Partition Attorneys
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300

San Francisco Partition Attorneys
50 California St, Ste 1500
San Francisco, CA 94111
Phone: (415) 966-3300

Riverside Partition Attorneys
3610 Central Ave, Ste 400
Riverside, CA 92506
Phone: (951) 888-3300

Sacramento Partition Attorneys
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300

The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.