A partition action is the only court-ordered process to separate joint owners’ respective interests in California real estate. This process can be long, tedious, and difficult, but the attorneys at Talkov Law are here to help. They have provided this glossary of important partition terms to help you better understand the complicated legal vocabulary surrounding partition actions.
Accounting of Offsets
Accounting of offsets includes the formal process of evaluating the rights of the parties in a shared asset.
Adverse possession is a method of acquiring title of a property through specified acts carried out throughout the statutorily required amount of time.
Allotment of Improvements
Allotments of improvements are portions of the proceeds of a property awarded to the party that made the improvements
An answer is the defendant’s principal pleading in response to a plaintiff’s complaint
Apportionment is the equitable division according to parties’ respective interests
Possession of a single property by several co-owners in which each co-owner has an undivided interest in the property
Community property is a type of co-ownership in which both assets and debts that are acquired during the course of a marriage belong to both spouses equally as community property.
Compensatory adjustment is the monetary reimbursement for improvements made to a shared property by one co-owner
A complaint is an initial pleading in which a plaintiff lays out the facts on which the claim for relief is based.
Concurrent interests is the ownership of land by multiple people at the same time
A cross complaint is a separate, independent action arising out of the original plaintiff’s claim against the defendant
Decrees and Orders
Decrees and orders are similar to judgments in that they have they same effect and may enforced in a similar manner following a court’s assessment of the rights of the parties.
A deed is a written instrument conveying or transferring title to real property.
Disbursement is the payment of money from a fund
Distribution of Proceeds of Sale
The distribution of proceeds of sale in a partition action is the division and administration of profits from a property sale
Improvements are additions or changes to a property that increase the its value or utility
Inherited property is property that individuals bequeath to their heirs upon their passing
An injunction is a judicial remedy requiring a party to refrain from doing or continuing to do a certain act or activity
An interlocutory judgment is a temporary, preliminary judgment that is not final or definitive
A joint mortgage is a mortgage agreement that is shared between 2 or more people
Jointly Owned Property
Jurisdiction is the official power to hear and determine a case and make legal decisions and judgments
A lis pendens, or a notice of pendency of action, is a document recorded with the county recorder that provides constructive notice of a lawsuit affecting title to, or possession of, real property.
Manner of Partition
The manner of partition is the type of partition (partition by sale, partition in kind, or partition by appraisal) that will occur to the property
A mortgage is a loan in which a lender (usually a bank) lends money in exchange for taking title of a property. Upon repayment of the debt, the conveyance of the title becomes void
Offsets are claims for reimbursements arising before the lawsuit was filed for improvements, repairs, or other expenses relating to the jointly owned property
Improvements made to a shared property so that it remains safe and livable
An ouster is defined as “the wrongful dispossession or exclusion by one tenant of his cotenant or cotenants from the common property of which they are entitled to possession.” Zaslow v. Kroenert (1946) 29 Cal. 2d 541, 548; accord Hacienda Ranch Homes, Inc. v. Superior Ct. (2011) 198 Cal.App. 4th 1122, 1128, as modified on denial of reh’g (Sept. 28, … Continue reading
A partition action is a court ordered process to equitably distribute jointly owned property in one of three manners
Partition by Appraisal
Partition in Kind
A partition in kind is a judgment forcing the physical division of a property and equitably distributing each portion among co-ownersCalifornia Code of Civil Procedure 873.210
A partition referee is a court-appointed individual in charge of equitably partitioning a propertyCalifornia Code of Civil Procedure 873.010, et seq.
Partition by Sale
A partition by sale is a court-ordered judgment forcing the sale of jointly owned property, thereby allowing co-owners to receive their equitable portion of the property. California Code of Civil Procedure 873.510
Personal property is property that is moveable, as opposed to real property; chattels
A quiet title action is a lawsuit filed to obtain a final determination of title to real property between adverse parties
A quitclaim deed is a deed which conveys only the interest the grantor has, thereby bypassing the requirement of clear title to sell a property
Real property is land and such property permanently fixed to it, such as a building
Tenancy in Common
Tenancy in Partnership
A title to real property is the legal right to use and possess the property.
A trust deed, or a deed of trust, is a legal instrument between a borrower, lender, and trustee in which a lender gives a borrower money in exchange for promissory notes and then transfers title to an impartial trustee who holds it as collateral.
Intentional and voluntary relinquishment of a certain right
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- Civil Code § 683.2(c) – Joint Tenancy Severance After Death is Limited by California LawBy 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…
- The Ultimate Glossary of Partition Action TermsA partition action is the only court-ordered process to separate joint owners’ respective interests in California real estate. This process can be long, tedious, and difficult, but the attorneys at Talkov Law are here to help. They have provided this…
- Co-Owner’s Rights to Lease and Evict TenantsA 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…
- 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…
- How to Win a Partition ActionThe 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…
- Absolute Right to Partition in CaliforniaOne of the most common questions raised by co-owners of real property in California is how to force the sale of the property when the co-owners do not agree. California Code of Civil Procedure Section 872.210 allows a co-owner to…
- 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…
- Reimbursement for Improvements in Partition ActionsCompensation for Improvements When Ending Co-Ownership of Real Property California law allows for compensation for improvements made by one co-owner in partition actions. However, the circumstances in which an offset will be awarded vary with courts also creating varying rulings…
|↑1||California Civil Code 683|
|↑2||Zaslow v. Kroenert (1946) 29 Cal. 2d 541, 548; accord Hacienda Ranch Homes, Inc. v. Superior Ct. (2011) 198 Cal.App. 4th 1122, 1128, as modified on denial of reh’g (Sept. 28, 2011) (quoting Estate of Hughes (1992) 5 Cal.App. 4th 1607)|
|↑3||California Code of Civil Procedure 873.910|
|↑4||California Code of Civil Procedure 873.210|
|↑5||California Code of Civil Procedure 873.010, et seq.|
|↑6||California Code of Civil Procedure 873.510|
|↑7||California Civil Code 685|
|↑8||California Civil Code 684|