Talkov Law Blog

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

Partition by Sale in California Attorney Partition Lawyer

Partition by Sale in California

What is a Partition by Sale? A partition action is the only court-ordered process in California 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 three … Read More

Partition in Kind in California Attorney Partition Lawyer

Partition in Kind in California

How Does Partition in Kind Work in California Law? 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 by sale, partition by appraisal, and partition in kind. A partition in kind is … Read More

Code of Civil Procedure 872.240 Joinder of Property

Code of Civil Procedure 872.240 CCP – Joinder of Property (Partition Actions)

California Code of Civil Procedure 872.240 is the California partition statute that allows joinder of real and personal property division such that they can be divided in a single partition action. The statute provides that: Real and personal property may be partitioned in one action. California Code of Civil Procedure 872.240 In a partition action, … Read More

Evicting a Sibling from an Inherited House Real Estate Attorney

Evicting a Sibling from an Inherited House in California

Inheriting a Home with Siblings in California It is extremely common for family members to pass down real estate to younger generations. Parents, grandparents, aunts, uncles, and other family members may choose to leave their valuable California real estate assets to family members they know and love. Commonly, siblings inherit a home together from a … Read More

Partition by Appraisal Partition Attorney Real Estate Lawyer

Partition by Appraisal in California

How Does Partition by Appraisal Work in California law? A partition action in California is a 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 by sale, partition in kind, and partition by appraisal. While partition by sale is … Read More

Summers v. Superior Court (2018) Ownership Interests Determined Before Partition Judgment Entered

Summers v. Superior Court (2018) Ownership Interests Determined Before Partition Judgment Entered

In the world of partition actions in California, lawyers have misunderstood the California Court of Appeal opinion in Summers v. Superior Court (2018) 24 Cal. App. 5th 138 as meaning that the interests of parties in the proceeds of sale must be determined before the court can enter an interlocutory judgment for partition by sale. In … Read More

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