Articles Tagged with property owner

underwood-testimony-property-value-partition-cases-300x300The estimated value of a piece of property can be important for resolving several types of legal disputes. It is crucial when a property owner needs to establish damages when the government interferes with the owner’s property and diminishes its value. Spouses may wish to testify regarding the value of their marital property when it is divided during divorce proceedings. A property owner may also want to testify as to their property’s value to contest a bank’s foreclosure on the property.

Testimony regarding a property’s estimated value can also be important during partition proceedings: when one or more co-owners of a property want to sell their property interest a question arises under the Partition of Real Property Act as to the Property’s value. As such, determining who can answer that question becomes of critical importance.

Normally, who can testify as to a property’s value?

underwood-responsible-injuries-joint-property-300x300Generally, every owner of property is liable for injuries on their property when it is not in a reasonably safe condition. (Cody F. v. Falletti (2001) 92 Cal.App.4th 1232.) If a party was a coowner and jointly in possession of the premises, they would be equally responsible for the condition of the premises and equally liable for injury. (Mayo v. White (1986) 178 Cal.App.3d 1083. 

Civil Code section 1714 states that everyone is responsible for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.

Even if someone has a small interest in the property and they exercise no control over the management of the property, they still will be liable. (Davert v. Larson (1985) 163 Cal.App.3d 407.) This is because the courts believe relieving individual owners in common of liability would eliminate any motivation of any party to exercise due care in the management and control of commonly owned property. (Id.) Therefore, owners may then be found to be “jointly and severally liable” for a person’s injury. 

6282023-300x300Partitions sales and foreclosure sales are two different ways that a property can be sold. The main difference between the two is the purpose behind the two sales. For partition sales, the purpose is to divide the property and for the owners to get the proceeds in proportion to their ownership. The purpose of foreclosure sales is to pay off a borrower’s loan. 

The Partitions Sale Process

Usually, partition sales are ordered by a court. This is because partition lawsuits are often brought before courts by a property owner who wants to force a sale if the parties cannot come to an agreement.  

6212023-300x300Partitions sales and probate sales are two different ways that a property can be sold. A main difference between the two is that a partition sale is ordered and overseen by the court, while a probate sale is generally overseen by a personal representative, and the court can have minimal involvement. There are also specific steps that the personal representative must take in the probate sale process under California law. 

The Partitions Sale Process

Usually, partition sales are ordered by a court. This is because partition lawsuits are often brought before courts by a property owner who wants to force a sale if the parties cannot come to an agreement. 

6142023-300x300Yes. California law allows a co-owner to take out a mortgage without the other co-owners consent or knowledge. 

Co-owning property with other parties can be quite a responsibility that can be difficult to manage. One particularly stressful aspect of managing property is managing the debt that comes with financing the property. Some parties may even want to take out more debt without letting their fellow co-owners know. If such a debt or encumbrance on the property is taken, it is still enforceable and allowable and can result in the sale of the entire property. 

California Law on Co-Owner Mortgages Without Consent

672023-300x300Partitions sales and divorce sales are two different ways that a property can be sold.  One difference between the two is that in a partition sale, the court usually decides the proportion of ownership and how the proceeds are distributed among the owners, while in a divorce sale, the court generally must divide the property equally. Another difference is that the divorce sale process is similar to a normal real estate sale. Both sales can be determined informally among the parties or ordered by a court.   

The Partitions Sale Process

Usually, partition sales are ordered by a court. This is because partition lawsuits are often brought before courts by a property owner who wants to force a sale if the parties cannot come to an agreement. Read more about partition actions generally here

692023-300x300California Code of Civil Procedure section 872.020 is under Title 10.5 Partition of Real and Personal Property. This statute details the scope, or in other words, the actions of partition that the title controls. The statute aims to clarify the property to which Partition Law actions may apply. 

Code of Civil Procedure section 872.020 states 

This title governs actions for partition of real property and, except to the extent not applicable, actions for partition of personal property. 

622023-300x300Partitions sales and trustee sales are two different ways that a property can be sold. A main difference between the two is that a partition sale is ordered and overseen by the court, while a trustee sale is overseen by a third party in relation to foreclosure proceedings. While the third party is not beholden to a court ruling in a trustee sale, they must still follow the procedures outlined in California law. 

The Partitions Sale Process

Usually, partition sales are ordered by a court. This is because partition lawsuits are often brought before courts by a property owner who wants to force a sale if the parties cannot come to an agreement. Read more about partition actions generally here

5312023-300x300The California Partition Law begins in Code of Civil Procedure section 872.010 with definitions. These definitions apply throughout the entirety of the Partition Law, which ends only in Code of Civil Procedure section 874.323. The point of this statute is to provide uniformity throughout the Partition Law and reduce any uncertainty about the meaning of any terms so that the law may be applied without any debt. 

Code of Civil Procedure section 872.010 states 

As used in this title: 

5262023-300x300There are several provisions in real property sale agreements that can affect a party’s legal rights. One such provision is an “as-is” provision, which is often included in contracts for the sale of real property. It is important for parties to keep on the lookout for such provisions so that they are aware of their legal rights in any possible litigation. 

What Does an “As-is” Provision Mean for Buyers? 

Generally, when a property is sold “as-is,” the seller is not liable for defects in the property unless the seller is fraudulently concealing or misrepresenting the property’s condition. (Shapiro v. Hu, 188 Cal.App.3d 324, 334.) When purchasing the property “as-is”, the buyer accepts the condition of the property to the extent that he or she can visibly observe. The buyer cannot later sue the seller for a defect that the buyer observed. 

Contact Information