Talkov Law Blog

What Is an Answer to a Partition Action

What is an Answer to a Partition Action?

Answer to a Partition Action Complaint in California When an action for partition is filed, the opposing party has an opportunity to respond to this action by filing an answer. An answer to a partition action is a pleading by the defendant in response to the plaintiff’s complaint for partition. In the answer, defendants have … Read More

CCP 873.820 Application of Proceeds Real Estate Attorney Partition Lawyer

Code of Civil Procedure 873.820 CCP – Application of Proceeds (Partition Actions)

California Code of Civil Procedure 873.820 is the California partition statute that directs the order in which the proceeds of a sale of a property shall be applied. The statute provides that: The proceeds of sale for any property sold shall be applied in the following order: (a) Payment of the expenses of sale. (b) Payment of … Read More

120 Days to Bring an Action to Contest a Trust Probate Code 16061.8 Talkov Law

120-Day Deadline Applies Only to Actions to Contest a Trust [Probate Code 16061.8]

120-Day Deadline in Probate Applies Only to Actions to Contest a Trust Many attorneys attempt to confuse trust beneficiaries and other parties by claiming that the 120-day deadline to contest a trust applies to actions not barred by this deadline. Specifically, California Probate Code 16061.8 states that: “No person upon whom the notification by the … Read More

Mortgage vs Trust Deed Real Estate Lawyer

What is the Difference Between a Mortgage and a Trust Deed?

How is a Mortgage Different from a Trust Deed? A mortgage and deed of trust (otherwise known as a “trust deed”) are legal instruments in real estate that allow a lender to secure repayment of a loan. Although a mortgage and a trust deed serve the same purpose, the exact terms of both of each … Read More

873.630 CCP Credit Sales Talkov Law

Code of Civil Procedure 873.630 CCP – Credit Sales (Partition Actions)

California Code of Civil Procedure 873.630 is the California partition statute that authorizes the court to direct a sale through credit. The statute allows the court to prescribe the terms of the credit and the security instrument used. The statute provides that: The court may: (a) Direct a sale on credit for the property or … Read More

CCP 873.640 Notice of Sale Talkov Law

Code of Civil Procedure 873.640 CCP – Notice of Sale (Partition Actions)

California Code of Civil Procedure 873.630 is the California partition statute that describes how and to whom notice of sale of real or personal property should be given. The statute provides that: (a) Notice of the sale of real or personal property shall be given in the manner required for notice of sale of like … Read More

Civil Code § 683.2(c) - Joint Tenancy Severance After Death is Limited by California Law

Civil Code § 683.2(c) – Joint Tenancy Severance After Death is Limited by California Law

By definition, a joint tenancy is an interest in property in which each party has an equal share in the property. Joint tenants also enjoy the privilege of the right of survivorship, which allows a deceased joint tenant’s interest in a property to automatically pass to the surviving joint tenant(s). If the interest is transferred … Read More

California Bankruptcy Exemptions Talkov Law

California Bankruptcy Exemptions – 704 vs. 703?

Bankruptcy Exemptions in California Filing for Chapter 7 bankruptcy in California is a powerful tool that can relieve debtors of unsecured debts and provide a fresh start. Many people assume that bankruptcy involves creditors taking all their personal property, especially their home and vehicle. However, California bankruptcy exemptions allow debtors to maintain possession of certain … Read More

Can You Sue a Law Firm for Doing Its Job Talkov Law

Can You Sue an Attorney for Doing their Job? [Anti-SLAPP Protection for Litigation-Related Activities]

Can an Attorney Be Sued for Representing a Client in Litigation? It may sound ridiculous, but attorneys (or their law firms) are sometimes tacked on as defendants in a complaint. Is this legal? Can another attorney do this? Talkov Law’s attorneys explain how anti-SLAPP law prevents this and the devastating legal repercussions of including a … Read More

Deposition Tips Tricks and Traps Talkov Law

18 Deposition Tips, Traps, & Tricks

Navigating a deposition is one of the most intimidating things someone unfamiliar with the law can go through. Being pressured by opposing counsel to answer questions accurately down to the last detail is enough to make even the bravest souls break a sweat. Our experienced attorneys provide tips and tricks that can help you prepare … Read More

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