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Articles Posted in tenancy in partnership

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What is a “rightful” dissociation from a Partnership? (Corp. Code 16601)

General partnerships, and their “joint venture” cousins, are composed of partners seeking to make a profit in a business venture. But things don’t always work out. Often, a once promising endeavor breaks down due to mismanagement and miscommunication. In these situations, partners may feel the urge to get out with…

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What is an Elisor? (Corp. Code § 128(4))

Just because a party prevails in a lawsuit does not mean the matter is over. Rarely discussed but crucially important is the fact that a judgment must be enforced once it is entered. This isn’t always easy. Losing parties don’t always want to cooperate, especially when they’re operating without an…

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How do you partition a condominium? (CCP § 872.820)

When co-owners of property decide they want to go their separate ways but cannot come to an agreement on a buyout or reimbursements, they can institute a partition action and have the court system solve the problem. While partition actions usually involve homes or commercial properties, they can also involve…

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Can an ousted cotenant recover possession of the property? (Civ. Code § 843)

Yes. Co-owners of property are entitled to certain rights, namely, the right to possess and use the property as they see fit. But sometimes, things do not work out with the other owners.  Heirs to an estate can bicker, business relationships can fall through, and family dynamics can fall apart.…

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Does RUPA apply to joint ventures? (Corp. Code § 16101)

Yes. While joint ventures are a distinct type of business entity, they share many similarities with general partnerships in California. In fact, “the resemblance between a partnership and joint venture is so close that the rights as between adventurers are governed by practically the same rules that govern partners.” (Milton…

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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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The Problem with Partnerships

At some point or another, it becomes necessary to have “the talk” and “define the relationship” within a business. While the thought of defining business roles may make some people nervous, not having a conversation is a source of even greater anxiety when the relationship involves an investment, business venture,…

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