partition by appraisal

Manner of Partition Actions (By Sale, In Kind, & By Appraisal)

Manner of Partition Actions (By Sale, In Kind, & By Appraisal)

California law provides for 3 distinct types of partition actions: 1) Partition by Sale, 2) Partition in Kind, and 3) Partition by Appraisal.[1]California Code of Civil Procedure 872.810 – 872.840 By far the most common form is a partition by sale, followed by a partition by division (in kind) and a partition by appraisal. As … 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 fee and … 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 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 agree upon a partition by appraisal … Read More

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