California: Meaning of a "Dismissed with Prejudice" Ruling in a Partition Case
Quick disclaimer: This content is educational only and is not legal advice. If you need legal advice about your case, consult a licensed California attorney who can review your situation. Detailed answer — what a dismissal “with prejudice” means in a California partition case When a judge dismisses a partition action “with prejudice,” the court […]
Read article →Forcing Sale or Division of Co-Owned Property After Divorce in California
Detailed Answer When you still co-own real property with an ex in California and you want to force a sale or otherwise divide the property, you have a few paths. Which one applies depends on whether the family court already divided the property in your divorce judgment, how the deed and title are held (joint […]
Read article →California: Filing a Partition Action to Force Sale of a Late Parent's House
Detailed Answer Summary: If you or others are recorded co-owners of your late father’s house in California, you can ask the superior court to force a partition (division) of the property or a sale and division of the proceeds. If the house is still titled solely in your father’s name, you likely must first establish […]
Read article →How a Partition Sale Works in California: Process, Timeline, and What to Expect
Detailed Answer Short overview. In California, co-owners of real property who cannot agree on its use or disposition can ask a court to partition the property. The court can divide the land physically (partition in kind) or order a sale and divide the proceeds. The statutes governing partition begin at Code of Civil Procedure § […]
Read article →California: Forcing a Sale of Shared Property Through a Partition Action
How to Force Sale of Shared Property in California When Co‑owners Won’t Buy Out Short answer: In California you can file a partition action in superior court asking the court to divide the property among co‑owners or, when division in kind is impracticable, to order a sale. If the other co‑owners decline to buy your […]
Read article →How to Buy Out Co-Owners Before a Court-Ordered Sale in a California Partition Case
Detailed Answer Overview of the legal framework California law governs judicial partition of real property through the Code of Civil Procedure, Chapter 5 (Partition of Real Property). That chapter explains how courts decide between a partition in kind (dividing the land) and a partition by sale, how sales are conducted, and how settlements among co-owners […]
Read article →California: What Happens After Mediation Fails in a Partition or Probate Dispute
Reader note: This information explains how California courts handle partition and probate disputes when mediation does not produce a settlement. This is educational only and is not legal advice. Consult a licensed California attorney for advice about your specific case. Detailed Answer — What happens after unsuccessful mediation under California law Mediation is a common […]
Read article →Recovering Property Taxes and Mortgage Payments in a California Partition Action
Short answer Yes — under California law a co-owner who pays property taxes or mortgage-related payments on a jointly owned (inherited) home can often recover some or all of those payments in a partition action, but recovery is not automatic. The court will examine who benefited from the payments, whether they were necessary or voluntary, […]
Read article →California: When an Heir Refuses to Move Out or Sell Their Share of an Inherited Property
What to do when an heir refuses to vacate or sell their share of inherited property in California Disclaimer: This article explains general California law and is educational only. It is not legal advice. Consult a California attorney to discuss your specific situation. Short answer If a co‑owner heir lives in inherited real property and […]
Read article →California: Options When the Other Side Asks the Court Only to Sell the House
Quick answer If the other party in a divorce or co‑ownership dispute asks the court only for a sale of the house and does not propose buyout terms, you have several defensive and proactive options under California law: oppose the immediate sale and ask the court to set buyout terms, propose alternatives (buyout, refinancing, or […]
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