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Partition Procedures

Service by Publication in a Partition Action – Everything You Need to Know

Partition actions in California sometimes involve co-owners who cannot be located. The law allows for service by publication to ensure that a partition attorney in California can end the co-ownership dispute through a judgment of partition, which generally involves a partition by sale. Below, we explain how to name and serve defendants by publication when … Read More

Venue in a Partition Action

Which Courthouse Should a Partition Action be Filed? Determining venue is one of the most basic requirements in a lawsuit. Venue establishes the county court in which the dispute will be heard. In a partition action, proper venue is generally the county in which at least one parcel of co-owned real property is located. Specifically, … Read More

Code of Civil Procedure 873.070 – Petition for Instructions (Partition Actions)

California Code of Civil Procedure 873.070 is the California partition statute that gives the partition referee or any party the authority to ask the court for referee duty instructions in a partition action: The referee or any party may, on noticed motion, petition the court for instructions concerning the referee’s duties under this title. California Code of … Read More

Code-of-Civil-Procedure-872.730-Application-to-Partnerships

Code of Civil Procedure 872.730 CCP – Application to Partnerships (Partition Actions)

California Code of Civil Procedure 872.730 is the California partition statute that explains partition as a remedy in partnerships: To the extent that the court determines that the provisions of this title are a suitable remedy, such provisions may be applied in a proceeding for partnership accounting and dissolution, or in an action for partition of partnership … Read More

Code of Civil Procedure 873.720 CCP – Confirmation of or Setting Aside Sale; Motion; Notice (Partition Actions)

California Code of Civil Procedure 873.720 is the California partition statute that allows a party to confirm or set aside the sale of the property in a partition action. The statute provides that: (a) A purchaser, the referee, or any party may move the court to confirm or set aside the sale. (b) The moving … Read More

Code of Civil Procedure 872.630. Liens; Status and Priority(Partition Actions)

Code of Civil Procedure 872.630. Liens; Status and Priority (Partition Actions)

California Code of Civil Procedure 872.630 is the California partition statute that describes how the court addresses liens, including their status and priority, in a partition lawsuit. The statute provides that: (a) To the extent necessary to grant the relief sought or other appropriate relief, the court shall determine the status and priority of all … Read More

Code of Civil Procedure 874.314 CCP – Method of service; notice by publication (Partition of Real Property Act)

California Code of Civil Procedure 874.314 is the California partition statute that explains partition alternatives under the California Partition of Real Property Act. The statute provides that: (a) This act does not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in … 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 (Partition of Real 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. In conjunction with a co-owner buyout of interests under Code of Civil Procedure 874.317, these statutes form the essence of the Partition of Real Property Act. Talkov Law has developed … 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 (Partition of Real 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 Partition of Real Property Act. The statute states the following: In an action for partition of property, the court may apportion the costs of partition, including an appraisal … Read More

Code of Civil Procedure 874.311 CCP - Short title; application of act (Partition of Real Property Act)

Code of Civil Procedure 874.311 CCP – Short title; application of act (Partition of Real Property Act)

California Code of Civil Procedure 874.311 is the California partition statute that lays the foundation for the Partition of Real Property Act. The statute states the following: (a) This act shall be known, and may be cited, as the Partition of Real Property Act.(b) This act applies to real property held in tenancy in common … Read More

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