Partition Procedures

Who Pays for a Partition Action in California

Who Pays for a Partition Action?

Who is responsible for paying for a partition action in California? As experienced partition attorneys, one of the most common questions we receive is who will pay for legal services related to the partition action. This can include attorney’s fees, filing and court fees, fees associated with fixing up the property in preparation for sale, … Read More

Code of Civil Procedure 874.321.5 CCP - Apportionment of the costs of partition - Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.321.5 CCP – Apportionment of the Costs of Partition (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.321.5 is the California partition statute that describes how the court will distribute the costs of partition among parties that oppose the partition under the California Uniform Partition of Heirs Property Act. The statute states the following: In an action for partition of heirs property, the court may apportion the costs of partition, … Read More

Code of Civil Procedure CCP 873.210 Division by Referee

Code of Civil Procedure 873.210 CCP – Division by Referee (Partition Actions)

California Code of Civil Procedure 873.210 is the California partition statute that describes how the partition referee will physically divide and distribute the property in relation to the parties’ interest in the property. The statute states: The referee appointed by the court to make a division of the property shall divide the property and allot … Read More

Can Heirs Property be Sold Uniform Partition of Heirs Property Act

Can Heirs Property be Sold?

Can heirs property be sold in California under the Uniform Partition of Heirs Property Act? Many people mistakenly believe that the Uniform Partition of Heirs Property Act prevents a property from being sold, but this isn’t the case. The Uniform Partition of Heirs Property Act in California gives non-partitioning parties (those who did not file … Read More

Code of Civil Procedure 874.319 CCP Considerations for Partition in Kind (Uniform Partition of Heirs Property Act)

Code of Civil Procedure 874.319 CCP – Considerations for Partition in Kind (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.319 is the California partition statute that establishes whether or not a partition in kind would result in great prejudice to the cotenants of the property under the California Uniform Partition of Heirs Property Act. The statute states the following: (a) In determining whether partition in kind would result in great prejudice to … Read More

Code-of-Civil-Procedure-872.530-CCP-Personal-Representatives-Joinder-Affidavits-Partition-Actions

Code of Civil Procedure 872.530 CCP – Personal Representatives; Joinder; Affidavits (Partition Actions)

California Code of Civil Procedure 872.530 is the California partition statute that outlines how to file a partition action against a co-owner who is deceased or believed to be deceased. The statute further describes what should be done if a deceased party’s personal representative is known or unknown as follows: (a) If a person described in Section … Read More

Code of Civil Procedure 874.317 Cotenant buyout of interests Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.317 CCP – Cotenant buyout of interests (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.317 is the California partition statute that sets forth the manner in which a co-owner of heirs property can buyout the interests of the other co-owners, which forms the essence of the Uniform Partition of Heirs Property Act. The statute states the following: (a) If any cotenant requested partition by … Read More

Code of Civil Procedure 874.316 Determiniation of fair market value, notice Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.316 CCP – Determination of fair market value; notice (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.316 is the California partition statute that sets forth the manner in which the fair market value of the property is determined under the Uniform Partition of Heirs Property Act. The statute states the following: (a) Except as otherwise provided in subdivisions (b) and (c), if the court determines that … Read More

Code of Civil Procedure 874.315 Referees Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.315 CCP – Referees (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.315 is the California partition statute that sets forth the role of the referee in the Uniform Partition of Heirs Property Act. The statute states the following: If the court appoints referees pursuant to Section 873.010, each referee, in addition to any other requirements and disqualifications applicable to referees, shall be … Read More

Code of Civil Procedure 874.313 Applicability Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.313 CCP – Applicability; relation to other laws (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.313 is the California partition statute that sets forth the applicability of the Uniform Partition of Heirs Property Act. The statute states that the applicability is as follows: (a) This act applies to partition actions filed on or after January 1, 2022. (b) In an action to partition real property … Read More

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