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Partition

Partition Action Forms [California Template Sample Example]

Each partition action presents unique challenges. However, all partition actions start with a complaint for partition, sometimes known as a petition to partition property, which is usually a partition by sale. We have provided free online forms for partition actions that should only be used in conjunction with a partition attorney in California. As the … Read More

What to Do When a Co-Owner Dies in a Partition Action [Form Template Example - Code of Civil Procedure 872.530(b)] Affidavit re Death of Co-Owner.jpg

What to Do When a Co-Owner Dies During or Before a Partition Action [Form Template Example – Code of Civil Procedure 872.530(b)]

Affidavit re: Death of Co-Owner [Sample] Co-owning real estate in California comes with many different challenges. If you’re ready to sell but your co-owner refuses, a partition action is the only court-ordered way to force the sale of property. Litigants in partition actions may find themselves in the unfortunate situation of having to declare that … Read More

What Are My Rights as a 50% Owner of California Real Estate?

Your Rights as a 50% Property Owner Many people in California own property with another person, whether this is by choice (such as purchasing a home with a partner) or not (such as inheriting a home with a sibling). The most common form of co-ownership is 50/50 ownership, which generally arises from a deed granting … Read More

Affirmative Defenses Partition Action California Attorney Lawyer

Affirmative Defenses to a Partition Action in California

How do you beat a partition action? Experienced partition attorneys in California are often asked whether there are affirmative defenses to a partition under California law. Of course, every defendant wants to win a partition action. While some people may refer to these as affirmative defenses, it might be best to look them as ways … Read More

SB 9 Lot Splits in a Partition Action

Prior to California’s enactment of SB 9, also known as the California HOME Act, a single-family home in a partition action would almost certainly be sold since division of the property would not be allowed under zoning laws requiring certain lot sizes. However, SB 9, which became effective in 2022, mandates that cities approve certain … Read More

Code of Civil Procedure § 874.140 (CCP) – Judgment for Unpaid Costs; Enforcement (Partition Action)

California Code of Civil Procedure 874.140 is the California partition statute that addresses how a judgment can be collected from a party in a partition action. The statute provides that: A judgment for unpaid costs of partition may be enforced by the person entitled to the costs in the manner provided for enforcement of money judgments … Read More

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