Real Property
Practice area
Real Property
Real estate is often a family’s most valuable asset, and the most contested. Mark Malachowski litigates and structures real property matters across the Bay Area, from ownership disputes to 1031 exchanges.
What this covers
How Mark helps with real property
Partition actions
Forcing the sale or division of property co-owners cannot agree on.
Quiet title
Clearing competing claims to establish who truly owns the property.
Lis pendens
Recording and challenging notices of pending property litigation.
Deed & joint-tenancy disputes
Resolving conflicts over how title is held and transferred.
Commercial purchases & leases
Structuring and litigating commercial real estate deals.
1031 exchanges
Deferring capital-gains tax on the sale of investment property.
In depth
What real property involves
Real property litigation
Inheritance, divorce, and partnership disputes may often lead to the partition of real property, the filing of a lis pendens, or the litigation of claims in Law and Motion or trial court. Disputes about grant deeds, quit claim deeds, joint tenancy, and real property conveyance by trust and wills can arise due to fraud, forgery, elder abuse, or undue influence. Malachowski & Associates aggressively litigates competing claims in both probate and civil court.
Commercial real property
The purchase or lease of real property can be complicated. Care must be taken to ensure that the contractual terms are desirable and that taxes do not take a massive bite out of a commercial real property sale.
Capital gains on property sales
By using a 1031 exchange during the sale of real property, you can avoid capital gains and state taxes. You will have a maximum of 45 days after escrow closes to identify potential replacement properties. You can identify a total of three or, alternatively, as many as you want, but the total value may not exceed two times your 1031 funds with the accommodator. Malachowski & Associates helps you examine and determine your best possible options.
The process
A clear path from first call to resolution
01
Title & facts review
We examine title, deeds, and the history of the property.
02
Strategy
We map the fastest route to the outcome you need.
03
Execution
We litigate or close the transaction and protect your interest.
Related viewing
All episodes Real Property on Law Talk TV
Real Property FAQs
Questions clients ask
A partition action is a lawsuit that divides jointly owned property. Because most homes cannot be split physically, the court usually orders a sale and divides the proceeds, often with an accounting for who paid what.
A 1031 like-kind exchange lets you sell investment real property and reinvest in other qualifying property while deferring capital-gains tax. You have 45 days to identify and 180 days to close, and the deadlines are strict.
A quiet title action asks the court to confirm ownership and clear competing claims or clouds on title, such as disputed deeds, easements, or old liens.
A lis pendens warns buyers of pending litigation and can stall a sale. If it was improperly recorded, it can be challenged and expunged. Contact a litigator promptly.
Yes. Inherited-property fights often combine real property and trust or will litigation, an overlap where Mark has deep experience.
Facing a real property matter?
Tell Mark what’s happening. You’ll get a straight read on your options and a clear next step.