Family Law

Family Law News 2016, Issue 4, Volume 38, No. 4

How to Divide Interests in Real Property When the Property is Not Community

Nancie Yomtov

Nancy Yomtov graduated from Ohio State University, received an MA in Social Psychology from John Jay University and her JD from Santa Clara University School of Law in 1980. She is a Certified Family Law Specialist. 90% of her practice is in family law; the other 10% is probate, conservatorships, and guardianships.

Why would a family lawyer be interested in how to divide the property of unmarried people? We are divorce lawyers, not civil lawyers. Don’t we deal in dissolutions? Why would we care, and what difference does it make? This article answers these questions and more.

Over the years, I have done several partition and accounting actions under Civil Code sections 872.010, et seq. They were interesting and fit into my family law practice in an indirect way, as they often involved siblings who jointly inherited property or other people in close relationships. These actions were brought in civil court when there was no pending dissolution action in family court.

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