How to Prepare a Jointly Owned Property for Sale Before a Foreclosure Hearing? (CA)
Detailed Answer Preparing a jointly owned property for sale before a foreclosure hearing in California involves gathering documents, coordinating with co-owners, assessing market value, and managing lender requirements. Follow these steps: 1. Confirm Vesting and Ownership Obtain a copy of the grant deed and title report from the county recorder. Identify whether the property is […]
Read article →How to Coordinate Realtor Selection with a Co-owner for a Joint Property Sale in CA
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When two or more people own a property as co-owners in California, each holds an equal undivided interest. To sell the property, co-owners must agree on selecting a real estate agent. If they cannot agree, one co-owner may seek […]
Read article →How to Calculate and Recover Carrying Costs from a Co-Owner in a Joint Sale Agreement in CA
Detailed Answer When two or more co-owners agree to sell property together, one owner may front mortgage payments, property taxes, insurance premiums or maintenance costs (“carrying costs”). Under California law, you can calculate each party’s share and recover unpaid amounts through negotiation or, if necessary, a partition action in superior court. 1. Understanding Carrying Costs […]
Read article →What rights do co-owners have when one heir wishes to live in an inherited property while another wishes to sell? (CA)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When multiple heirs inherit real estate in California without explicit instructions creating a joint tenancy, they become tenants in common. Each co-owner holds an undivided interest in the entire property, regardless of whether one heir lives there and another […]
Read article →What Steps Are Required to Initiate or Consent to a Partition Action Before a Court-Appointed Commissioner in California?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Under California law, a partition action lets co-owners divide or sell real property when they cannot agree on its use or disposition. The relevant statutes appear in the California Code of Civil Procedure (CCP) sections 872.010–874.920. 1. Initiation of a […]
Read article →Options for Co-Owners Who Cannot Agree on a Buyout Price in California
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. When co-owners of real property in California cannot agree on a buyout price, several paths exist to resolve the dispute: 1. Negotiation and Appraisal Co-owners can hire a neutral, […]
Read article →What process allows a party to force sale of property through a partition hearing in California?
Detailed Answer: Partition Actions Under California Law Partition allows joint property owners to divide an asset either physically (partition in kind) or by selling it and splitting the proceeds (partition by sale). In California, co-owners use a court-supervised partition action under California Code of Civil Procedure §§ 872.210–875.700. To begin, a co-owner files a complaint […]
Read article →What legal process allows a co-owner to force the sale of jointly inherited property when other owners cannot agree in California
Understanding Partition Actions Under California Law Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer When co-owners inherit property and cannot agree on its use, management, or sale, California law provides a court-based solution called a partition action. […]
Read article →How does a partition action work to resolve a dispute among multiple owners in California?
Detailed Answer Under California law, a partition action lets co-owners of real property divide or sell the property when they cannot agree on its use or management. The statutory framework appears in California Code of Civil Procedure §§872.010–875.760. You file a complaint for partition in the county where the property is located. The court requires […]
Read article →How do existing mortgage obligations affect the sale and division of proceeds in a partition? (CA)
Partition Sales in California: Impact of Mortgages on Proceeds Detailed Answer In California partition actions, co-owners can request a sale of jointly owned property under California Code of Civil Procedure § 872.610. When the court orders a sale, all existing mortgages and liens remain attached and must be paid from sale proceeds before distribution. The […]
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