partition

Code of Civil Procedure 874.320 Court Ordered Open-Market Sale; Sealed Bids; Auction

Code of Civil Procedure 874.320 CCP – Court ordered open-market sale; sealed bids; auction (Partition Actions)

California Code of Civil Procedure 874.320 the California partition statute that explains the details of how a court will sell a property under the California Uniform Partition of Heirs Property Act. The statute states the following: (a) If the court orders a sale of heirs property, the sale shall be an open-market sale unless the court finds … Read More

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

California - Uniform Partition of Heirs Property Act

Partition of Real Property Act – California – The Ultimate Guide (Formerly known as the Uniform Partition of Heirs Property Act)

What is the Partition of Real Property Act (Formerly Known as the Uniform Partition of Heirs Property Act (UPHPA)) in California? The Partition of Real Property Act is a new bill that will go into effect on January 1, 2023 which replaces the Uniform Partition of Heirs Property Act. The Act allows for added opportunities … Read More

Milian v. De Leon true joint tenancy in partition actions

Milian v. De Leon – True Joint Tenancy in a Partition Action

Milian v. De Leon (1986) 181 Cal.App. 3d 1185, 1195 Milian v. De Leon is one of the most fascinating cases in California partition actions in that it found that, “once the court in a partition action has determined that a true joint tenancy exists, it may not order reimbursement or contribution on account of differences in … Read More

What is a partition action in California

What is a Partition Action in California?

Real Estate Partition Definition in California A partition action is a court-ordered equitable division of property. When one or more co-owners disagrees on what to do with a co-owned property, a partition action can be started to force the sale of the subject property. This definition of a real estate partition shows how a partition … 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

Uniform Partition of Heirs Property Act Definitions CCP 874.312

Code of Civil Procedure 874.312 CCP – Definitions (Uniform Partition of Heirs Property Act)

California Code of Civil Procedure 874.312 is the California partition statute that defines terms used in the Uniform Partition of Heirs Property Act. The terms stated here are used throughout the Uniform Partition of Heirs Property Act. Notably, this statute defines “heirs property” as it is used in the Uniform Partition of Heirs Property Act … 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

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