Filing for Partition

Code of Civil Procedure 872.830 CCP - Partial Division and Sale - Manner of Partition

Code of Civil Procedure 872.830 CCP – Partial Division and Sale (Manner of Partition)

California Code of Civil Procedure 872.830 is the California partition statute that provides for a rare manner of partition whereby part of the property is sold, while the remainder is divided in a partition in kind. The statute provides that: If, in making a determination whether sale would be more equitable than division of the … Read More

Code of Civil Procedure 872.810 CCP - Division in Accordance with Interests - Manner of Partition

Code of Civil Procedure 872.810 CCP – Division in Accordance with Interests (Manner of Partition)

California Code of Civil Procedure 872.810 is the California partition statute that provides for the manner of partition to be the manner set forth in the interlocutory judgment of partition, i.e., partition in kind vs. partition by sale. The statute provides that: The court shall order that the property be divided among the parties in … Read More

Code of Civil Procedure 872.820 CCP – Sale of Property; Division of Proceeds - Manner of Partition

Code of Civil Procedure 872.820 CCP – Sale of Property; Division of Proceeds (Manner of Partition)

California Code of Civil Procedure 872.820 is the California partition statute that provides for the manner of partition to be partition by sale so long as the it would be more equitable than partition in kind. The statute provides that: Notwithstanding Section 872.810, the court shall order that the property be sold and the proceeds be … Read More

CCP 873.010 Appointment; power and duty of court Talkov Law

Code of Civil Procedure 873.010 CCP – Appointment; power and duty of court (Partition Actions)

California Code of Civil Procedure 873.010 is the California partition statute that describes the power and duty of a partition referee as appointed by the court. The statute provides that: (a) The court shall appoint a referee to divide or sell the property as ordered by the court.(b) The court may: (1) Determine whether a … Read More

CCP 872.110 Superior court; jurisdiction; venue Talkov Law

Code of Civil Procedure 872.110 CCP – Superior court; jurisdiction; venue (Partition Actions)

California Code of Civil Procedure 872.110 is the California partition statute that specifies the requirement that a partition complaint must be filed in the county where the real property is located. The statute provides that: (a) The superior court has jurisdiction of actions under this title. (b) Subject to the power of the court to … Read More

CCP 872.230 Complaint; contents Talkov Law

Code of Civil Procedure 872.230 CCP – Complaint; Contents (Partition Actions)

California Code of Civil Procedure 872.230 is the California partition statute that specifies the requirement for the contents of the complaint in a partition action. The statute provides that: The complaint shall set forth:(a) A description of the property that is the subject of the action. In the case of tangible personal property, the description … Read More

Code of Civil Procedure 872.250 CCP – Lis Pendens; Supplemental Notice; Recordation (Partition Action)

Code of Civil Procedure 872.250 CCP – Lis Pendens; Supplemental Notice; Recordation (Partition Actions)

California Code of Civil Procedure 872.250 is the California partition statute that specifies the requirement of filing a lis pendens (notice of pending action) in a partition action, as well as the effect of a lis pendens in a partition action. The statute provides that: (a) Immediately upon filing the complaint, the plaintiff shall record … Read More

CCP 872.210 Persons Authorized Partition Lawyer Attorney

Code of Civil Procedure 872.210 CCP – Persons authorized (Commencement of Partition)

California Code of Civil Procedure 872.210 is the California partition statute that specifies who is authorized to commence a partition action. The statute provides that: (a) A partition action may be commenced and maintained by any of the following persons: (1) A coowner of personal property. (2) An owner of an estate of inheritance, an estate for life, … Read More

Code-of-Civil-Procedure-873.910-CCP-Agreement-by-Parties-Partition-by-Appraisal

Code of Civil Procedure 873.910 CCP – Agreement by Parties (Partition by Appraisal)

California Code of Civil Procedure 873.910 is the California partition statute that allows the court to order a manner of partition known as a partition by appraisal, but only when “the parties…agree” to such a remedy. The statute provides that: When the interests of all parties are undisputed or have been adjudicated, the parties may … Read More

Forcing the Sale of Jointly Owned Property Talkov Law

The Secret to Selling Jointly Owned Property

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 allow a co-owner to sell co-owned property, even if the other co owner does not consent to the sale, … Read More

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