Partition Offsets & Accounting

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

Co-Owner's Rights to Lease and Evict Tenants

Co-Owner’s Rights to Lease and Evict Tenants

A common issue with co-ownership is how to manage rented property. Notably, many times only one of the co-owners allows a third party to lease the co-owned property without the consent or over the objection of the other co-owners. As explained below, the law is that each co-owner may lease the property, but doing so … Read More

Ouster What is Ouster How to Prove Ouster Damages

What is an Ouster?

Co-ownership of property can raise many questions about the rights of each owner to the common property. Conversely, that co-ownership relationship can sour, causing one co-owner to seek the benefits of sole ownership- the right to exclude others- without the detriments of sole ownership- paying the full price for the property. What can result is … Read More

CCP 873.220 Allotment of Improvements Talkov Law

Code of Civil Procedure 873.220 CCP – Allotment of Improvements (Partition Actions)

California Code of Civil Procedure 873.220 is the California partition statute that determines how a property will be divided so as to embrace improvements made to the property by that party. The statute provides that: As far as practical, and to the extent it can be done without material injury to the rights of the … Read More

Reimbursement for Improvements in Partition Actions Talkov Law

Reimbursement for Improvements in Partition Actions

Compensation for Improvements When Ending Co-Ownership of Real Property California law allows for compensation for improvements made by one co-owner in partition actions. However, the circumstances in which an offset will be awarded vary with courts also creating varying rulings as to the measure of damages in such an offset between the out-of-pocket cost, the … Read More

CCP 873.810 Court order of disbursement Talkov Law

Code of Civil Procedure 873.810 – Court order of Disbursement (Partition by Sale)

California Code of Civil Procedure 873.850 is the California partition statute that allows the court to allocate the proceeds of sale through an accounting of offsets, inclusions, and other claims between the parties. The statute provides that: The court shall order the proceeds of sale and any security therefor to be paid, transferred, deposited in … Read More

CCP 873.850 Continuance of action between parties if proceeds not allocated; determination Talkov Law

Code of Civil Procedure 873.850 – Continuance of Action Between Parties if Proceeds Not Allocated; Determination (Partition Actions)

California Code of Civil Procedure 873.850 is the California partition statute that allows the court to allocate the proceeds of sale through an accounting of offsets, inclusions, and other claims between the parties. The statute provides that: When the proceeds of the sale belonging to persons who are parties to the action, whether known or … Read More

Wallace v. Daley Talkov Law

Wallace v. Daley – Accounting in California Partition Actions

Wallace v. Daley (1990) 220 Cal.App. 3d 1028 Perhaps the most frequently cited case in all of California partition law is Wallace v. Daley (1990) 220 Cal.App. 3d 1028, which sets forth the general principle that every partition will include an accounting of offsets. The famous quote from Wallace v. Daley is that: Every partition … Read More

CCP 872.140 Compensatory Adjustment Partion Lawyer California

Code of Civil Procedure 872.140 CCP – Compensatory adjustment among parties; equity (Partition Actions)

California Code of Civil Procedure 872.140 is the California partition statute that allows the court to distribute the proceeds of sale in a partition in an equitable manner. The statute provides that: The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity. … Read More

Code of Civil Procedure 874.040 CCP Apportionment of Costs

Code of Civil Procedure 874.040 CCP – Apportionment of Costs (Partition Actions)

California Code of Civil Procedure 874.040 is the California partition statute that allows the court to apportion costs between the co-owners from the proceeds of sale of the property. The statute provides that: Except as otherwise provided in this article, the court shall apportion the costs of partition among the parties in proportion to their … Read More

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