Blog Archives

3 Tips Before Buying Property with A Boyfriend or Girlfriend

One of the most common fact patterns we see in our real estate litigation practice is an ex-boyfriend, ex-girlfriend, ex-fiancée, or ex partner who purchased property and then broke up with their relationship partner.   The relationship break up also typically means that there has to be a break up with respect to the jointly owned property.   Here are a few things to consider before buying property with a significant other: 1. Do you have a plan if the relationship does not work out? We suggest discussing this ahead of time. Make sure to write down an agreement that both parties sign that governs the co-tenancy relationship. 2. What if one person wants to the sell the property and the other does not? See number 1

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Posted in Homeowners, Joint Tenancy, Ownership, Partition, Quiet Title, Quit Claim, Real Estate Attorney Los Angeles

What is a Partition Action?

What is a Partition Action? Sometimes, when two (or more) people own the same piece of real property, they will disagree on what to do with the property.  One common example occurs when a parent passes away and leaves a piece of real property to her/his three children.  If the children cannot agree on what to do with the real property, one of them may eventually be forced to file a suit for partition of the property. A partition action asks the court, pursuant to California Code of Civil Procedure Section 872.210, to divide the real property fairly between the different owners.  For a property with a home or other development on it, this usually means selling the property and dividing the proceeds of the

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Posted in Ownership, Partition, Real Estate Attorney Los Angeles, Wills / Trusts

Partition and Adverse Possession

A typical partition case involves two or more co-owners having a dispute about whether their co-owned property should be sold.  Our clients frequently entrust is with helping them resolve these ownership disputes. Sometimes, however, we notice interesting facts in the case that allow us to seek more than our client’s share of ownership based on record title. This occurs when one owner may be able to show that they have adversely possessed their co-owner’s share of the property. When this occurs, we look to an abundance of legal authorities that describe the interplay between partition cases and adverse possession in the co-tenancy context. One case that we want to highlight is Zolezzi v. Michelis (1948) 86 Cal.App.2d 827, 832.  In Zolezzi, the Court found adverse possession by

Posted in Adverse Posession, Joint Tenancy, Litigation, Partition, Real Estate Attorney Los Angeles

Zachary Schorr Chosen as Winner of the 2017 Corporate Intl Global Award

We are pleased to announce that Corporate INTL has notified Schorr Law that our Lead Attorney Zachary Schorr has been chosen as the winner of the 2017 Corporate Intl Magazine Global Award: ‘Real Estate Litigation Lawyer of the Year in California’. This is the second year in a row that Mr. Schorr has received this honor.  The Corporate INTL awards are given to attorneys who have been successful for the past year and have shown excellence in both expertise and service. Mr. Schorr is happy to receive this award, and is honored to be recognized as such. Thank you Corporate Intl! Our top rated and awarded attorneys can help you with various real estate matters, including but not limited to: purchase and sale disputes (non-disclosure, escrow deposit disputes, contracts, specific

Posted in Escrow Deposit Disputes, Litigation, Non-Disclosure, Ownership, Partition, Purchase and Sale, Quiet Title, Real Estate Attorney, Real Estate Attorney Los Angeles, Specific Performance, Wins

What is a Lis Pendens?

  Lis pendens is latin for “suit pending”.   It is also often referred to as a Notice of Pendency of Action.   It is a notice recorded with the County Recorder’s Office in the county where the property is located that puts the world on notice, through its recording, that there is a lawsuit currently pending that concerns title or possession to the real property. When properly recorded, a lis pendens imparts constructive notice to subsequent purchasers, transferees and encumbrancers that an action is pending which affects the real property described in the notice.  California Code of Civil Procedure Section 405.24.  We typically see lis pendens recorded in several types of cases, including:  quiet title, specific performance, easement cases, partition, adverse possession, wrongful eviction

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Posted in Lien On Property, Lis Pendens, Litigation, Partition, Purchase and Sale, Quiet Title, Real Estate Attorney Los Angeles, Specific Performance

Schorr Law Gets Partition Fees Awarded for Common Benefit

As busy Los Angeles partition attorneys we are constantly litigating partition matters throughout Southern California.   Last week, Schorr Law’s lead real estate attorney Zachary D. Schorr was in court following having already obtained an interlocutory judgment on 2 partition matters, which Schorr Law won for its client via a summary judgment motion.   As one part of the court’s ruling on Schorr Law’s fee motion, Schorr Law was able to convince the Los Angeles County Superior Court to allocate 100% of the fees deemed reasonable to the two defendants in the action – the other 2/3rds owners of the properties.  The court found that the fees incurred by Schorr Law’s 1/3rd owner client were for the common benefit of all the parties and thus

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Posted in Litigation, Partition, Quiet Title

Demanding an Accounting in a Partition Claim

In California, especially in Southern California, our Los Angeles partition attorneys litigate a large number of partition actions on behalf of parties seeking to partition real property or defending a party from their cotenant’s efforts to partition real property.  One necessary part of nearly all partition actions is an accounting. An accounting is usually intertwined with a partition action because the respective rights of the parties (financial rights) typically need to be adjusted and settled at (or after) the sale of the property.  An accounting involves a determines of both the charges and the credits attributable to each co-owner.  Credits typically include things like property taxes, mortgage payments, maintenance expenses, insurance, and improvements that enhance the value of the property.  In general, the rule on

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Posted in Partition

Partitioning Property Without A Referee

At Schorr Law, our Los Angeles based partition attorneys have a great deal of experience litigating real estate partition matters.  We commonly deal with these types of ownership disputes and strive to do them with the least transaction costs.   For example, one thing we try to get the parties to agree upon either pre-interlocutory judgment or post-interlocutory judgment (the interlocutory judgment is the intermediate judgment ordering the property be sold) is to get the parties to agree to a partition by private sale through the use of a private broker.  In other words, we try to get all parties involved to agree to sell the property privately as opposed to going through the court system with expensive referees, a courthouse steps sale and increased

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Posted in Ownership, Partition, Purchase and Sale

Attorney Zachary Schorr Successfully Obtains Partition of 2 Properties

We are pleased to announce that Schorr Law won another partition lawsuit this week.  On Tuesday, Schorr Law’s lead real estate attorney Zachary D. Schorr, successfully argued a motion for summary judgment resulting in another win for a Schorr Law’s client and the partition of two high value properties. In this dispute over shared ownership, Schorr Law was successfully able to obtain summary judgment of two properties worth over $2million.  Defendants in this matter had tried to argue that the plaintiff had waived the right to partition using an implied waiver argument.  While there is legal authority for an implied waiver of the right to partition in certain limited circumstances, Schorr Law’s team of litigators successfully convinced the judge that there was no implied waiver of

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Posted in Ownership, Partition, Wins

3 Factors to Consider When Deciding to Partition Real Property

As active real estate attorneys in California we frequently have the opportunity to litigate partition claims throughout the state. Note, partition claims involve the decision by an owner of real property to force a co-owner to sell the property. These are powerful claims because they are difficult to defeat absent a waiver or a right of first refusal. As part of our representation of both plaintiffs and defendants in partition claims we typically analyze several key issues, including but not limited to, the following: Ownership: Does record title accurately reflect who the true owners of the property are? If not, you may want to consider a quiet title action or cross-complaint so that the court can identify the true owners of the property.   If so,

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Posted in Ownership, Partition

Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

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Super Lawyers

Zachary Schorr Superlawyers

Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

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