California Partition Law Blog

Mediation plays a significant role in partition disputes by providing a voluntary, informal, and non-adversarial process aimed at helping disputing parties reach a mutually acceptable settlement agreement. In partition actions, mediation plays a crucial role in resolving disputes through a less adversarial and more cost-effective alternative to litigation. The mediation process allows co-owners to...

Homesteads are a special kind of estate that California law protects from forced sale. Homestead protection is not, however, automatic. For a property to be a homestead it must be the dwelling place where the family permanently resides and the property must be formally designated as a homestead. When properly utilized, California’s homestead legislation...

The Subdivision Map Act is a state law governing the division of land for sale, lease, or financing purposes. Under its authority, California’s local agencies regulate and control the design and improvement of subdivisions, to ensure that new developments are consistent with community needs and goals, while simultaneously preventing fraud, protecting purchases, and ensuring...

In California, 50% co-owners hold significant rights and responsibilities under state law. As a rule, co-owners have an equal ownership right in shared property, including the right to use and enjoy the entire property and the right to partition the property, regardless of the percentage of ownership. Co-owners also share the property’s financial obligations,...

Property disputes may necessitate division, like a partition action. If you think you may have the basis for a partition lawsuit, you should reach out to a lawyer or law firm who specializes in real estate division like Underwood Law, PC. We can help you figure out what options are available for dividing your...

An equitable lien is a remedial right to have certain property applied to pay a debt. (In re Cedar Funding, Inc. (2009) 408 B.R. 299, 314.) This means it must be enforced in equity by the court, so the lien allows someone to subject property to payment of the debt or claim it as...

Yes. In California, you can record a second lis pendens on the same property, with the court’s permission, if the first is expunged. A lis pendens, or notice of pendency of action, is filed in any lawsuit affecting title or right to possession of real property, like partition actions. Under California’s Code of Civil...

Legal fees are often set up in an initial agreement or contract between the client and lawyer. This includes the lawyer’s hour rate and how payments will be made. Because legal fees are a necessary part of bringing a lawsuit with representation, they may also factor into the court’s decision making. Not all lawsuits...

Property may be sold and acquired in a variety of different ways especially based on the type of property it is. One of these forms is a land sale contract. A land sale contract is different from a deed or other traditional instrument of title. Under a land sale contract, the buyer does not...

Contingencies are conditions or requirements included in purchase agreements that must be met before the agreement moves forward. Contingencies are designed to protect the parties’ interests in the transaction by allowing them to back out of deals or renegotiate terms when certain conditions are not satisfied. In California real estate contingencies commonly address financing,...