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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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Partition Actions: Determining Proper Reimbursement of Advanced Funds

In California, when our partition attorneys deal with accountings that accompany partition claims, it is very important to keep in mind how to distribute funds upon the sale of the partitioned property. Generally, a party who pays a disproportionate share of the property’s expenses is entitled to be reimbursed for the amount the party paid in excess of its ownership interest.  Doing the math to determine how the reimbursement shall occur is important because depending on how the parties or the court does the math may vary the amount each party receives.  The California Court of Appeals dealt with this exact issue in Southern Adjustment Bureau v. Nelson (1964) 230 Cal.App.2d 539. In Southern Adjustment Bureau  the Court of Appeals walked us through the relevant analysis as follows: To illustrate:

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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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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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