Partition Actions in California | CA Legal Resources | FastCounsel

California: How to Refinance and Buy Out a Co-Owner of Property – Step-by-Step Guide

How to Refinance and Buy Out a Co-Owner of Real Property in California: A Step-by-Step Guide Detailed Answer (clear, practical steps you can follow even with no prior legal knowledge) Overview: What actually happens when one owner buys out another If one owner of California real property wants to buy the other owner’s interest, the […]

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California: Forcing the Sale of Co-Owned Property When a Co-Owner Refuses Mediation

Detailed Answer — Forcing the Sale of Co-Owned Property in California Short answer: If a co-owner will not continue mediation, you can file a partition action in California superior court to ask the court to divide the property or order it sold and the proceeds divided. Partition actions are governed by the California Code of […]

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California: Options to Divide or Force Sale of Co‑owned Farmland — What Heirs Can Do

How co-owned farmland can be divided or sold when heirs disagree in California Disclaimer: This article is for educational purposes only and is not legal advice. Consult a licensed California attorney about your specific situation before taking action. Detailed answer — your options under California law When multiple heirs co-own farmland and cannot agree on […]

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How to Start a Partition Action in California When a Co-Owner Refuses

How to Start a Partition Action in California When a Co-Owner Refuses to Agree Disclaimer: I am not a lawyer. This is general information about California law and is not legal advice. Consult a licensed California attorney about your specific situation. Detailed Answer — Step-by-step guide under California law When one co-owner refuses to agree […]

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How to Force a Partition Sale in California When You Co-Own a House

How to force a partition sale when you co-own real property in California FAQ-style guide for heirs and co-owners with no prior legal experience. Short answer If you and your sibling co-own a house in California and you cannot agree on keeping or dividing it, you can ask a California superior court to force a […]

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California: Defending a Partition Action to Protect an Inherited Home

How to defend when a co-owner forces a sale of an inherited home — FAQ-style guide for California Short answer: You have several defensive options — contest the need for sale by asking for partition in kind, seek a buyout, assert credits or liens for contributions and improvements, request more time while probate finishes or […]

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California Guide: Co-Tenants, Home Equity Loans, and Refinancing on Inherited Property

What to do if a co-tenant refinances or takes a home-equity loan on inherited property in California Short answer: In California a co-tenant can generally encumber only the undivided interest they actually own. A lender will normally require all owners on title to sign for a loan secured by the whole property. If a co-tenant […]

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California: Remedies When a Co-Owner Sells Property Without Your Agreement

What options does a co-owner have if another co-owner sells property without consent? Short answer: In California, a co-owner cannot transfer another co-owner’s ownership interest without authorization. If a deed or sale purports to convey more than the selling co-owner actually owned, the nonconsenting co-owner has several civil remedies: challenge or cancel the deed (quiet […]

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California Guide: Filing a Partition Action or Petition to Sell Inherited Real Estate When Heirs Are Minors

Detailed Answer: How to pursue a partition action or petition for sale of inherited real estate in California when some heirs are minors This article explains, in plain language, how to file a partition action or ask a court to sell inherited real estate in California when some co-owners/heirs are minors. It describes the legal […]

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How to Force Sale or Division of Family Land in California

Can I force sale or division of family land I own with siblings and their children? Short answer: Yes — under California law a co-owner can ask a court to divide or sell jointly owned real property by filing a partition action. The court will order either a physical division (partition in kind) if fair […]

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