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 a partition action seeks
One of the most common disputes in a partition action arise when the co-owner in sole possession has also been paying all of the expenses. That co-owner often believes that they will collect all of their expenses in an accounting in a partition action. Effectively, the issue is whether the co-owner out of possession can claim the rental value
California Code of Civil Procedure 874.321 is the California partition statute that describes what details of the sale of the property are required to be submitted to the court under the California Partition of Real Property Act. The statute provides that:
(a) A broker appointed to offer property for open-market sale shall file a report with the court not later than
When relationships sour and one party wants out of a co-ownership relationship by way of a partition action, the other party may feel betrayed and outraged. These feelings of resentment often manifest themselves in legal proceedings as defendants are quick to claim just about anything to try to delay the inevitable sale of the property through an interlocutory judgment
How is the sale of a California property conducted in a partition action?
Throughout the process of a partition action in California, the end goal is almost always to force the sale of jointly owned property. With the court ordering the sale, it can be confusing how it goes about doing this. How exactly is a property sold
Attorney’s Fees in a Partition Action in California
Of all of the questions we are asked as partition attorneys, questions revolving around attorney’s fees are some of the most common. Co-ownership disputes and an ensuing partition action can be expensive when a co-owner refuses to cooperate with the sale of the property. Even further, recovering attorney’s fees from an
California Code of Civil Procedure 873.920 is the California partition statute that specifies what is required for the manner of partition known as a partition by appraisal. The statute provides that:
The agreement shall be in writing filed with the clerk of court and shall include:
(a) A description of the property.
(b) The names of the parties and
California Code of Civil Procedure 874.318 is the California partition statute that explains partition alternatives under the California Partition of Real Property Act. The statute provides that:
(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 874.317, or if after conclusion of the buyout under Section
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 fee,
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 is determined under the Partition of Real Property Act. The statute states the following:
(a) Except as otherwise provided in subdivisions (b) and (c), the court shall determine the fair market value of the
