Filing for Partition

What is a partition action in California

What is a Partition Action in California

Real Estate Partition Definition in California A partition action is a court-ordered equitable division of property. When one or more co-owners disagrees on what to do with a co-owned property, a partition action can be started to force the sale of the subject property. This definition of a real estate partition shows how a partition … 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

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

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

Personal Property in a Partition California Partition Lawyer Talkov Law

Partition of Personal Property

Personal Property in a Partition Action A partition action in California can certainly force the sale of jointly owned real property, but can it partition personal property, such as cars or artwork? This is a common question we are asked given our experience as California partition lawyers. Indeed, California law does allow for the partition … 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 to partition 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 … 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. California Code of Civil Procedure 872.430 “Section 872.430…avoids the need of … Read More

How to Win a Partition Action in California

How to Win a Partition Action

The Tricks to Winning a Partition Action in California A partition action is the only court process in California to end disputes when parties are co-owners (also known as co-tenants) of real property. Indeed, the court must divide the real estate equitably among its co-owners so long as a partition is found to be appropriate.[1]California … Read More

Absolute Right to Partition in California Talkov Law

Absolute Right to Partition in California

One of the most common questions raised by co-owners of real property in California is how to force the sale of the property when the co-owners do not agree. California Code of Civil Procedure Section 872.210 allows a co-owner to sell co-owned property, even if the other co owner does not consent to the sale, … Read More

CCP 872.710 Right of Plaintiff to Partition; Concurrent Interests; Successive Estates Talkov Law

Code of Civil Procedure 872.710 CCP – Right of Plaintiff to Partition; Concurrent Interests; Successive Estates (Partition Actions)

California Code of Civil Procedure 872.710 is the California partition statute that governs the right to partition in California. The statute provides that: (a) At the trial, the court shall determine whether the plaintiff has the right to partition. (b) Except as provided in Section 872.730, partition as to concurrent interests in the property shall … Read More

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