CCP 874.010

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

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

CCP 872.610 Plaintiff and defendant Talkov Law

Code of Civil Procedure 872.610 CCP – Plaintiff and defendant (Partition Actions)

California Code of Civil Procedure 872.610 is the California partition statute that specifies that the interests of all parties may be tried in the partition action. The statute provides that: The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action. California Code of Civil … Read More

Code of Civil Procedure 874.010 CCP - Inclusions, Allowance and Apportionment of Costs of Partition

Code of Civil Procedure 874.010 CCP – Inclusions, Allowance and Apportionment of Costs of Partition (Partition Actions)

California Code of Civil Procedure 874.010 is the California partition statute that allows the court to order certain costs of the partition to be allowed and apportioned between the parties. The statute provides that: The costs of partition include: (a) Reasonable attorney’s fees incurred or paid by a party for the common benefit. (b) The … Read More

Recovery of Offsets for Attorney's Fees Talkov Law

Partition Offsets and Accounting in California

Receiving your equity when forcing the sale of a home in California When co-owners of shared property in California cannot agree on what to do with a property, they may petition the court to force the sale of the property through a partition action. Very often, co-ownership issues go hand-in-hand with financial issues related to … Read More

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