Real Estate Law

What is a Quitclaim Deed in California Lawyer Real Estate Attorney

What is a Quitclaim Deed in California?

What is a Quitclaim Deed? A quitclaim deed is an instrument used in real estate transactions that transfers an interest in real property without warranty of title. Miller and Starr, the leading secondary source on California real estate, defines a quitclaim deed as one that: “transfers to the grantee all of the right, title, and … Read More

Quiet Title Complaint Sample Template Form Example

Quiet Title Complaint [California Example Form Sample Template]

Quiet Title Complaint Example The real estate attorneys at Talkov Law are well versed in a variety of real estate issues, including quiet title actions. Under the California Code of Civil Procedure §760.010 – §764.010, a quiet title action is a lawsuit filed to “quiet” title to real property, meaning that it seeks to establish … 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

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

Selling a Home with a Lien Talkov Law California Real Estate Lawyer

5 Tricks to Selling a House With a Lien or Judgment

Can You Sell Property with a Lien or Judgment? Purchasing or selling a house is one of the biggest (and usually most expensive) events in a person’s life. This exciting time can be quickly dampened by one thing: a lien. Whether you are buying or selling a home, it is extremely important to ensure that … Read More

How to Win a Partition Action in California

How to Win a Partition Action

The Tricks to Winning a Partition Action in California A partition action is the only court process in California to end disputes when parties are co-owners (also known as co-tenants) of real property. Indeed, the court must divide the real estate equitably among its co-owners so long as a partition is found to be appropriate.[1]California … Read More

Rights determinable in partition action Talkov Law

Rights Determinable in a Partition Action

Courts allow for issues relating to co-ownership to be heard in the partition action California Code of Civil Procedure 872.610 states that “The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.” “This is true at least so far as the issues relate to … Read More

CCP 872.620 State of Title; Ascertainment Talkov Law

Code of Civil Procedure 872.620 CCP – State of the Title; Ascertainment (Partition Actions)

California Code of Civil Procedure 872.620 is the California partition statute that allows the court to decide the state of title as part of the partition action. The statute provides that: To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the … Read More

CCP 704.965 Automatic Homestead Exemption California Declared Homestead Exemption

CCP 704.965 – Automatic Homestead Exemption Defeats Outdated Limits on Declared Homestead Exemption in Bankruptcy

Debtors Can Still Claim California’s Increased, Automatic Homestead, Despite California Code of Civil Procedure § 704.965 Effective January 1, 2021, the California homestead exemption increased to $300,000 to $600,000 depending upon the median sales price in the county of residence, up from a meager $75,000 to $175,000 the year before. In turn, creditors have looked … Read More

How to Sever Joint Tenancy Civil Code 682 Talkov Law

Civil Code 682 – Severing a Joint Tenancy in California

This article seeks to explain the meaning of a joint tenancy as compared to other forms of co-tenancy, explains the meaning and importance of the severance of a joint tenancy, and explains the means by which a joint tenancy in real estate may be severed. Before or after the severance, jointly owned property can be … Read More

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