Possession of Co-Owned Property

California - Uniform Partition of Heirs Property Act

Partition of Real Property Act – California – The Ultimate Guide (Formerly known as the Uniform Partition of Heirs Property Act)

What is the Partition of Real Property Act (Formerly Known as the Uniform Partition of Heirs Property Act (UPHPA)) in California? The Partition of Real Property Act is a new bill that will go into effect on January 1, 2023 which replaces the Uniform Partition of Heirs Property Act. The Act allows for added opportunities … Read More

Evicting a Sibling from an Inherited House Real Estate Attorney

Evicting a Sibling from an Inherited House in California

Inheriting a Home with Siblings in California It is extremely common for family members to pass down real estate to younger generations. Parents, grandparents, aunts, uncles, and other family members may choose to leave their valuable California real estate assets to family members they know and love. Commonly, siblings inherit a home together from a … Read More

Co-owner out of possession collect rent from co-owner in possession partion lawyer real estate attorney

Can I Collect Rental Value from my Co-Owner in a Partition Action?

It has been well established that co-owners do not forfeit co-ownership rights if they have moved out of a jointly owned property. However, issues can still arise quickly in a partition action when a co-owner in possession (the co-owner who resides at or primarily manages a property) feels that the co-owner out of possession (the … Read More

Forcing the Sale of Inherited House in California

Forcing the Sale of an Inherited House in California

Can I Force the Sale of Inherited Property? Understanding exactly what to do after a close family member passes away is one of the most difficult things someone can go through. Before asking whether both owners have to sign to sell a house, a whirlwind of confusion and sadness makes decision making near impossible, especially … Read More

Co-Owner's Rights to Lease and Evict Tenants

Co-Owner’s Rights to Lease and Evict Tenants

A common issue with co-ownership is how to manage rented property. Notably, many times only one of the co-owners allows a third party to lease the co-owned property without the consent or over the objection of the other co-owners. As explained below, the law is that each co-owner may lease the property, but doing so … Read More

Ouster What is Ouster How to Prove Ouster Damages

What is an Ouster?

Co-ownership of property can raise many questions about the rights of each owner to the common property. Conversely, that co-ownership relationship can sour, causing one co-owner to seek the benefits of sole ownership- the right to exclude others- without the detriments of sole ownership- paying the full price for the property. What can result is … Read More

Do I Forfeit Ownership Rights if I Leave Property Talkov Law

If I Leave California Property, Do I Forfeit Co-Ownership Rights?

As partition attorneys in California, property co-owners frequently ask if ownership rights can be forfeited by a co-owner moving out of (“abandoning”) the property. More specifically, co-owners want to know if they would give up their ownership rights to a co-owned property in California just by moving out. The answer is that, generally, a co-owner … Read More

CCP 872.130 Restraining orders and injunctions; bonds; purpose Talkov Law

Code of Civil Procedure 872.130 CCP – Restraining Orders and Injunctions; Bonds; Purpose (Partition Actions)

California Code of Civil Procedure 872.130 is the California partition statute that allows the court to issue restraining orders and injunctions related to the partition. The statute provides that: In the conduct of the action, the court may issue temporary restraining orders and injunctions, with or without bond, for the purpose of: (a) Preventing waste. … Read More

CCP 872.120 Motions, reports, and accounts; hearing and determination; decrees and orders Talkov Law

Code of Civil Procedure 872.120 CCP – Motions, Reports and Accounts; Hearing and Determination; Decrees and Orders (Partition Actions)

California Code of Civil Procedure 872.120 is the California partition statute that allows the court to have broad powers to effectuate its orders to ensure cooperation of the parties. The statute provides that: In the conduct of the action, the court may hear and determine all motions, reports, and accounts and may make any decrees … Read More

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