Talkov Law Partition Attorneys

10/12/2026

Filing a partition action in California does not automatically give your co-owner the right to buy you out. This article explains what actually triggers the buyout under the Partition of Real Property Act, which properties it covers, and how the court sets value before any sale is requested, so tenants in common can understand the process before they file.

Filing a California partition action does not let your co-owner buy you out. Learn when the buyout applies, how the appraisal works, and how to keep control.

10/09/2026

Own more than one property with family or other co-owners in California? A partition doesn't always mean selling everything. Our latest article explains how courts can award whole properties to different co-owners, use equalizing payments when values differ, and sequence sales so one co-owner may keep a property, plus the tax timing issues to plan for before the first sale.

10/07/2026

Is your co-owner refusing to sell? In a California partition case, the interlocutory judgment is the turning point. It sets each owner's share, confirms the right to partition, and usually orders how the property will be divided or sold.

Our new article covers the five ways to get there: summary judgment, judgment on the pleadings, default, agreement, or trial. It also explains which route can shorten your case the most.

https://talkovlaw.com/obtain-interlocutory-judgment-partition-california/

Learn how to obtain an interlocutory judgment in a California partition action by summary judgment, judgment on the pleadings, default, agreement, or trial.

10/06/2026

Not all evidence is judged by the same standard in a California partition action.

Most reimbursement and accounting claims are decided by a preponderance of the evidence, meaning more likely true than not.

But challenging what the deed says about ownership is different.

Under California Evidence Code § 662, record title is presumed to reflect beneficial ownership, and overcoming that presumption generally requires clear and convincing evidence, a significantly higher burden.

That distinction can determine whether a co-owner receives reimbursement for unequal contributions or actually changes the ownership percentages stated or presumed from the deed.

Learn how clear and convincing evidence differs from preponderance of the evidence under California Evidence Code section 662 in a California partition action.

10/01/2026

Breaking up is complicated enough. Co-owning a house with your ex can make it even worse.

If your ex-boyfriend is still on the deed and refuses to sell, sign over his interest, or agree to a buyout, you may need a partition action to end the co-ownership.

Our latest article explains what options may be available when an ex refuses to cooperate:

Learn how to get your ex-boyfriend off the deed in California, including voluntary transfers, buyouts, and partition actions when he refuses to cooperate.

09/30/2026

Is it better to be the plaintiff in a California partition action?

In many cases, filing first can provide important strategic advantages. The plaintiff starts the case, frames the requested relief, triggers the case timeline, and records the lis pendens against the property.

Because partition is generally a matter of right in California unless barred by a valid waiver, waiting for the other co-owner to act may mean giving up some control over how the dispute begins.

Learn more about the advantages of filing first in a partition action:

Learn why filing first in a California partition action can give a co-owner strategic advantages over timing, venue, lis pendens, and case framing.

09/25/2026

Can a co-owner who lives in the house refuse to sell in California?

Usually, no.

Living in the property does not give one co-owner more control than the other.

If co-owners cannot agree on a sale, a partition action can be used to resolve the deadlock.

This often comes up with inherited homes, ex-partners, and co-owners who believe paying the mortgage gives them the final say.

It usually does not.

A co-owner living in a California property usually cannot stop a partition action or forced sale. Learn how courts handle occupancy disputes, ouster, and co-owner rights.

11/04/2025

Multi-Property Partitions: Should I Leave One Property Out of the Partition? - https://talkovlaw.com/?p=30990/

10/30/2025

What to Do If a Majority Owner Refuses a Partition Action -https://talkovlaw.com/majority-owner-refuses-partition-action/

10/07/2025

Does a Recession Impact a Partition? - https://talkovlaw.com/?p=29421/

Thinking about a partition during a recession? Discover how market shifts, equity, and interest rates affect co-owners in California.