Our Los Angeles based partition attorneys frequently handle many types of partition cases throughout California based on different facts regarding shared ownership. Sometimes one party to partition action (a co-owner) seeks more than just an accounting they seek reimbursement for the money they put in to help acquire the jointly owned property. This, however, is not permitted under the laws of partition in the State of California.
Indeed, once the court in a partition action has determined that a true joint tenancy exists, it may not order reimbursement or contribution on account of differences in the amounts the parties have paid towards the initial acquisition of the property. Milian v. De Leon, 181 Cal. App. 3d 1185, 226 Cal. Rptr. 831 (4th Dist. 1986).
This means that the acquisition costs for acquiring property are not properly the subject of a partition accounting. In other words, the court does not care what it took to acquire the property in joint tenancy – it is only concerned with the costs once the parties established shared ownership.
For a free consultation on your partition claim or your ownership dispute, please contact us today.