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Articles Posted in Family Law

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Partitions of Spousal Property with Third Parties (Fam. Code § 2021)

Family Code section 2021 provides that a court “may order that a person who claims an interest in the proceeding be joined as a party” to nullity, dissolution, and legal separation proceedings. (Fam.C. § 2021(a).) An interested third party may wish to join a family law proceeding, or an existing…

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What is the difference between a grant deed and a marital deed? (Civil Code § 1092)

The deed to a property is the most important document a property owner has. It describes the title and its associated rights while operating as the conveyance of property itself. But not all deeds are the same, especially when marriage enters the equation. Marital deeds carry with them their own…

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How do you sever a joint tenancy? (Code of Civil Procedure section 683.2)

Joint tenancy is a special type of co-ownership recognized in California. It is commonly associated with married couples, ensuring that when one of them dies, their entire interest in the property passes to the other spouse. This is called the right of survivorship, and it is the defining trait of…

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What is the difference Between Tenants in Common and Joint Tenants? (Code of Civil Procedure section 683)

In California, most real estate is held either as marital property, as a tenancy in partnership, as joint tenants, or as tenants-in-common. While holding titles as spouses or in a partnership is relatively straightforward, questions frequently arise as to the differences between “co-tenants” and “tenants-in-common.” This article will explore the…

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Can a third party be joined in a family law proceeding to sell a property?

Yes, a third party who has an interest in the property in question may “join” in a family law proceeding. In some specific cases, a third party must “join” the family law proceeding. California codified a third party’s ability to participate in a family law proceeding to assert their interest…

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