How to Force the Sale of Jointly Owned Property in California
Co-owners of real estate in California have an absolute legal right to partition the property, thereby causing the property to be sold and the proceeds distributed.
Fraudulent Transfers in California Bankruptcy [11 USC 548]
What is a Fraudulent Conveyance / Fraudulent Transfer? When a debtor filed a bankruptcy, an estate is created composed of all of the debtor’s rights in property. Among those rights is the ability to set aside transfers for less than fair market value. Indeed, sometimes debtors who realize they will be filing bankruptcy think it … Read More
Statute of Frauds in California Real Estate FAQs
How the Statute of Frauds Applies to Real Estate in California What is the Statute of Frauds under California Code of Civil Procedure § 1971? The Statute of Frauds is a legal doctrine providing that certain types of contracts are invalid unless they are produced in writing and signed by the party to be charged. … Read More
Partition by Sale vs. Partition In-Kind [California Real Estate]
How does a California Court decide Partition by Sale of Property Over Physical Division? One common dispute between co-owners is whether to partition the property by sale or physically divide the property, known as partition in kind. This article provides the advice of an experienced partition attorney in California on how courts decide between these two … Read More
Boilerplate Affirmative Defenses: Motion to Strike & Demurrer [California Form Template Sample]
Many times, when defendants are sued in California they file an answer alleging numerous boilerplate affirmative defenses with no supporting facts. Technically, this is improper, and these defenses may be subject to a motion to strike or demurrer under California law. The authorities below can be used in a motion to strike or demurrer seeking … Read More
Attorney Scott Talkov Provides Expert Opinion in UCR School of Public Policy Podcast
The University of California, Riverside School of Public Policy reached out to lawyer Scott Talkov to join a discussion on the options and resources available to students who wish to terminate their leases due to COVID-19. The pandemic has forced the majority of universities nationwide to close off their campuses and re-open their studies online … Read More
Partition Action Complaint California [Form Template Sample Free]
Form Complaint for Partition by Sale in California If you co-own real estate in California, you know the headaches that can accompany the ownership of property by tenants-in-common or joint tenancy. Disputes often arise when owners disagree on the best use of the property. Perhaps one of the owners wants to sell, but the other … Read More
Partition Actions in California: The Ultimate Guide
Everything You Need to Know About California Partition Actions
Buying Bankruptcy Property – 4 Tips for Investors [Real Estate, Houses]
Buying Bankruptcy Homes, Assets, Houses, Real Estate & Property from a Bankruptcy Court Many buyers of real estate know how to purchase a property using a Realtor or at a foreclosure auction, but there is considerable mystery about how to buy homes and other real estate out of bankruptcy. Indeed, a close review of bankruptcy … Read More
Cash for Keys Offer & Agreement [Letter Form Template Sample]
Cash for Keys Offer Letter & Cash for Keys Agreement Given our current economic conditions and legal constraints, many landlords are unable to effectively proceed with an unlawful detainer (eviction) while many renters are undergoing financial distress that causes them to be unable to move or pay rent. Many landlords have decided to offer cash … Read More
