Hunter v. Schultz

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

Do I Forfeit Ownership Rights if I Leave Property Talkov Law

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

As partition attorneys, 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 just by moving out. The answer is that, generally, a co-owner will not lose their … Read More

Recovery of Offsets for Attorney's Fees Talkov Law

Recovery of Offsets for Attorney’s Fees, Costs, Credits & Reimbursements in California Real Property Partition Accounting

California Real Property Partition Law California law provides that co-owners of real property may file a legal action to request that their interests in the property be partitioned. Code Civil Procedure Section 872.210(a)(1). The first phase of a partition is to determine whether the plaintiff has a right to partition the real property. Code of … Read More

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