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Code-of-Civil-Procedure-872.530-CCP-Personal-Representatives-Joinder-Affidavits-Partition-Actions

Code of Civil Procedure 872.530 CCP – Personal Representatives; Joinder; Affidavits (Partition Actions)

California Code of Civil Procedure 872.530 is the California partition statute that outlines how to file a partition action against a co-owner who is deceased or believed to be deceased. The statute further describes what should be done if a deceased party’s personal representative is known or unknown as follows: (a) If a person described in Section … Read More

California - Uniform Partition of Heirs Property Act

Uniform Partition of Heirs Property Act – California – The Ultimate Guide

What is the Uniform Partition of Heirs Property Act (UPHPA) in California? The Uniform Partition of Heirs Property Act in California is the new law from the California legislature that makes it easier to solve co-ownership disputes between heirs and others owning family property. The law was created to address perceived abuse in California partition … Read More

Code of Civil Procedure 874.317 Cotenant buyout of interests Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.317 CCP – Cotenant buyout of interests (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.317 is the California partition statute that sets forth the manner in which a co-owner of heirs property can buyout the interests of the other co-owners, which forms the essence of the Uniform Partition of Heirs Property Act. The statute states the following: (a) If any cotenant requested partition by … Read More

Code of Civil Procedure 874.316 Determiniation of fair market value, notice Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.316 CCP – Determination of fair market value; notice (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.316 is the California partition statute that sets forth the manner in which the fair market value of the property is determined under the Uniform Partition of Heirs Property Act. The statute states the following: (a) Except as otherwise provided in subdivisions (b) and (c), if the court determines that … Read More

Code of Civil Procedure 874.315 Referees Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.315 CCP – Referees (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.315 is the California partition statute that sets forth the role of the referee in the Uniform Partition of Heirs Property Act. The statute states the following: If the court appoints referees pursuant to Section 873.010, each referee, in addition to any other requirements and disqualifications applicable to referees, shall be … Read More

Code of Civil Procedure 874.313 Applicability Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.313 CCP – Applicability; relation to other laws (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.313 is the California partition statute that sets forth the applicability of the Uniform Partition of Heirs Property Act. The statute states that the applicability is as follows: (a) This act applies to partition actions filed on or after January 1, 2022. (b) In an action to partition real property … Read More

California Code of Civil Procedure 873.710 Report of Sale by Referee, Contents in Partition Actions

Code of Civil Procedure 873.710 CCP – Report of Sale by Referee; Contents (Partition Actions)

California Code of Civil Procedure 873.710 is the California partition statute that lays out what information should be included in a referee’s report. The statute states that a referee’s report written by a partition referee should have: (a) Upon making a sale of property, the referee shall report the sale to the court. (b) The … Read More

How to File a Partition Lawsuit Lawyer Attorney Action California

How to File a Partition Lawsuit

Filing a Partition Action Suit in California A partition action in California is the only court-ordered process to bring an end to co-ownership disputes by dividing real estate equitably among co-owners. California law allows for three manners of partition: partition in kind, partition by appraisal, and partition by sale. California partition statutes allow for all … Read More

CCP 873.830 Setoff in Lieu of Payment of Estate for Life or Years in Partition Actions

Code of Civil Procedure 873.830 – Setoff in Lieu of Payment of Estate for Life or Years (Partition Actions)

California Code of Civil Procedure 873.830 is the California partition statute that authorizes setoff instead of payment. The statute provides that: Where a part only of the property is sold, a tenant for life or years in an undivided share of the whole property may have his estate equitably set off in any part of … Read More

Code of Civil Procedure 873.840 – Treatment of Successive Estates in Partition Actions Talkov Law

Code of Civil Procedure 873.840 – Treatment of Successive Estates (Partition Actions)

California Code of Civil Procedure 873.840 is the California partition statute that describes the treatment of successive estates in partition actions. The statute provides that: (a) The court shall ascertain the proportion of the proceeds of sale that will be a just and reasonable sum for the satisfaction of the estate of a tenant for … Read More

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