Partition

873.630 CCP Credit Sales Talkov Law

Code of Civil Procedure 873.630 CCP – Credit Sales (Partition Actions)

California Code of Civil Procedure 873.630 is the California partition statute that authorizes the court to direct a sale through credit. The statute allows the court to prescribe the terms of the credit and the security instrument used. The statute provides that: The court may: (a) Direct a sale on credit for the property or … Read More

CCP 873.640 Notice of Sale Talkov Law

Code of Civil Procedure 873.640 CCP – Notice of Sale (Partition Actions)

California Code of Civil Procedure 873.630 is the California partition statute that describes how and to whom notice of sale of real or personal property should be given. The statute provides that: (a) Notice of the sale of real or personal property shall be given in the manner required for notice of sale of like … Read More

Civil Code § 683.2(c) - Joint Tenancy Severance After Death is Limited by California Law

Civil Code § 683.2(c) – Joint Tenancy Severance After Death is Limited by California Law

By definition, a joint tenancy is an interest in property in which each party has an equal share in the property. Joint tenants also enjoy the privilege of the right of survivorship, which allows a deceased joint tenant’s interest in a property to automatically pass to the surviving joint tenant(s). If the interest is transferred … Read More

Partition Action Terms Glossary Talkov Law

The Ultimate Glossary of Partition Action Terms

A partition action is the only court-ordered process to separate joint owners’ respective interests in California real estate. This process can be long, tedious, and difficult, but the attorneys at Talkov Law are here to help. They have provided this glossary of important partition terms to help you better understand the complicated legal vocabulary surrounding … Read More

CCP 873.740 Hearing, Increased Offer, Action by Court Talkov Law

Code of Civil Procedure 873.740 CCP – Hearing; Increased Offer; Action by Court (Partition Actions)

California Code of Civil Procedure 873.740 is the California partition statute that provides the court with options at a partition sale hearing under California Code of Civil Procedure 873.730 when a bidder (overbidder) makes an increased offer that exceeds the current sales prices. The statute provides that: (a) If at the hearing under Section 873.730 … Read More

CCP 873.730 Hearing, Confirmation of Sale, New Sale Talkov Law

Code of Civil Procedure 873.730 CCP – Hearing; Confirmation of Sale; New Sale (Partition Actions)

California Code of Civil Procedure 873.730 is the California partition statute that explains how a court addresses a partition sale confirmation pursuant to California Code of Civil Procedure 873.720. The statute provides that: (a) At the hearing, the court shall examine the report and witnesses in relation to the report. (b) The court may confirm … Read More

CCP 872.420 Lien claim; Date; Amount Talkov Law

Code of Civil Procedure 872.420 CCP – Lien Claim; Date; Amount (Partition Actions)

California Code of Civil Procedure 872.420 is the California partition statute that specifies what must be disclosed in an answer when a defendant has or claims a lien on a property. The statute provides that: Where the defendant has or claims a lien on the property, the answer shall set forth the date and character … Read More

CCP 873.620 Sale of Property Separately or as a Unit Talkov Law

Code of Civil Procedure 873.620 CCP – Sale of Property Separately or as Unit (Partition Actions)

California Code of Civil Procedure 873.620 is the California partition statute that provides for the preference for the sale of property in distinct lots over selling as a unit . The statute provides that: (a) Unless the interests and rights of the parties will be materially prejudiced thereby, the court shall order that distinct lots … Read More

CCP 872.410 Contents Talkov Law

Code of Civil Procedure 872.410 CCP – Contents (Partition Actions)

California Code of Civil Procedure 872.410 is the California partition statute that provides for the contents of the answer to a complaint for partition. The statute provides that: The answer shall set forth: (a) Any interest the defendant has or claims in the property. (b) Any facts tending to controvert such material allegations of the complaint as … Read More

CCP 872.430 Claim for Compensatory Adjustment Talkov Law

Code of Civil Procedure 872.430 CCP – Claim for Compensatory Adjustment (Partition Actions)

California Code of Civil Procedure 872.430 is the California partition statute that specifies that claims for compensatory adjustment may be included in the answer. The statute provides that: The answer may set forth any claim the defendant has for contribution or other compensatory adjustment.[1]California Code of Civil Procedure 872.430 “Section 872.430…avoids the need of the … Read More

Contact us to schedule your complimentary consultation.

Super Lawyers
US News and World Report Scott Talkov
Scott Talkov Three Best Rated 2021

Recent Blog Posts