Often, the question of distributing rent earned on a co-owned property arises in the context of cotenants. Cotenants have equal rights to possess their property with their fellow cotenants. This means that no one cotenant can exclude another from the property. One cotenant can, however, assign their right of possession to a third party.
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A Guide to Penalties for Financial Elder Abuse (Probate Code Section 859)
By Underwood Law Firm & P.C.
Probate Code section 859 protects certain individuals whose property or money is taken, concealed, or disposed of by another. Section 859 does this by imposing hefty penalties on anyone who wrongfully takes or conceals property belonging to certain groups.
Specifically, the statute provides:
“If a court finds that a person has in bad faith wrongfully…
A Primer to Trustees and Beneficiaries in California (Prob. Code § 16000.)
By Underwood Law Firm & P.C.
A trust is a legal device that is commonly used in estate planning. A trust represents “a collection of assets and liabilities” that can be held and transferred by an individual to another individual, the “beneficiary.” (Portico Mgmt. Grp., LLC v. Harrison (2011) 202 Cal.App.4th 464, 473.) When the trustee, the person responsible for…
A Guide to Statutory California Settlement Offers (Code of Civil Procedure Section 998)
By Underwood Law Firm & P.C.
California Code of Civil Procedure section 998 encourages parties involved in legal disputes to settle prior to trial. According to this law, either party can present a written settlement offer to the other party up to ten days before the trial begins. (CCP § 998(b).)
If the plaintiff declines a timely offer from the defendant…
Underwood Law Recognized as Partition Pros (Daily Journal)
By Underwood Law Firm & P.C.
via Daily Journal
Partition Pros
Underwood Law Firm helps clients move past the difficulties of co-owned property.
via Daily Journal
By the late spring of 2021, Elijah M. Underwood had decided he was ready to launch his own firm and was determined to focus on just one area of practice: partition law.
“We’ve really planted…
Jogani v. Jogani: A Massive Decision on Joint Ownership
By Underwood Law Firm & P.C.
Recently, a jury in the Los Angeles Superior Court awarded what may become one of the largest judgments in a real estate case that has ever been issued. Significantly, in addition to a damage award in the billions, the Court also found that the family members were also co-owners in 17,000 apartments across California. As…
A Guide to Restraints on Alienation (Civ. Code Section 711)
By Underwood Law Firm & P.C.
Real estate law has many nuances and subtleties. One of the lesser known aspects to real estate law is something known as a “restraint on alienation.” At its most basic, a restraint on alienation limits the sale or transfer of interests in real property.
Civil Code Section 711 states that “[c]onditions restraining alienation, when repugnant…
Testimony on Property Value in Partition Cases (Evid. Code Section 813)
By Underwood Law Firm & P.C.
The 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…
How to file a partition action in California
By Underwood Law Firm & P.C.
When co-owners of real estate cannot agree on how to divide or use their property, filing a partition lawsuit becomes a necessary course of action. In California, where real estate is often a significant investment, understanding the process of partitioning property is essential. In this article, we’ll walk you through the steps involved in filing…
A Guide to Rights of First Refusal
By Underwood Law Firm & P.C.
A right of first refusal – sometimes called a “preemptive right” – is a right provided by contract that gives a party priority to purchase a property if the owner decides to sell. This right may be included in an ownership agreement between two co-owners who are cotenants. The person who holds the right is…