Scott Talkov

Interlocutory Judgment of Partition by Sale in California

Interlocutory Judgment of Partition by Sale – The Two Phases of a Partition in California

The independent nature of the statutorily required “interlocutory judgment” in a California partition action is rarely seen among civil litigation judgments, which may cause confusion among those who are not familiar with partition law. Generally, a case has only one judgment, and that judgment answers all issues in the case. Even if that judgment is … Read More

Code of Civil Procedure 872.630. Liens; Status and Priority(Partition Actions)

Code of Civil Procedure 872.630. Liens; Status and Priority(Partition Actions)

California Code of Civil Procedure 872.630 is the California partition statute that describes how the court addresses liens, including their status and priority, in a partition lawsuit. The statute provides that: (a) To the extent necessary to grant the relief sought or other appropriate relief, the court shall determine the status and priority of all … Read More

Hunter v. Schultz - Offset for Rental Value Against Co-Owner in Possession

Offsets for Rental Value Against Co-Owners in Sole Possession – Hunter v. Schultz – California Partition Actions

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 … Read More

Code of Civil Procedure 874.316 Determiniation of fair market value, notice Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.316 CCP – Determination of fair market value; notice (Partition of Real Property Act)

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 … Read More

Code of Civil Procedure 874.315 Referees Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.315 CCP – Referees (Partition of Real Property Act)

California Code of Civil Procedure 874.315 is the California partition statute that sets forth the role of the referee in the Partition of Real Property Act. The statute states the following: If the court appoints referees pursuant to Section 873.010, each referee, in addition to any other requirements and disqualifications applicable to referees, shall be disinterested … Read More

Code of Civil Procedure 874.313 Applicability Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.313 CCP – Applicability; relation to other laws (Partition of Real Property Act)

California Code of Civil Procedure 874.313 is the California partition statute that sets forth the applicability of the Partition of Real Property Act. (a) In an action to partition real property, the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record.(b) This chapter supplements the other provisions … Read More

Personality Types of Co-owners in Partition Actions

While partition attorneys often focus on legal strategies, litigation also involves conflicts and dysfunction between personalities. With about 98% of partition actions that we handle settling before trial, these personality types often demand careful attention to ensure an optimal and expedient resolution. As shown below, certain dysfunctional personality traits require additional attention by parties to … Read More

Code of Civil Procedure 874.317 Cotenant buyout of interests Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.317 CCP – Cotenant buyout of interests (Partition of Real Property Act)

California Code of Civil Procedure 874.317 is the California partition statute that sets forth the manner in which a co-owner of property can buyout the interests of the other co-owners, which forms the essence of the Partition of Real Property Act. The statute states the following: (a) If any cotenant requested partition by sale, the … Read More

How to File a Partition Lawsuit Lawyer Attorney Action California

How to File a Partition Lawsuit

Filing a Partition Action Suit in California A partition action in California is the only court-ordered process to bring an end to co-ownership disputes by dividing real estate equitably among co-owners. California law allows for three manners of partition: partition in kind, partition by appraisal, and partition by sale. California partition statutes allow for all … Read More

Summers v. Superior Court (2018) Ownership Interests Determined Before Partition Judgment Entered

Summers v. Superior Court (2018) Ownership Interests Determined Before Partition Judgment Entered

In the world of partition actions in California, lawyers have misunderstood the California Court of Appeal opinion in Summers v. Superior Court (2018) 24 Cal. App. 5th 138 as meaning that the interests of parties in the proceeds of sale must be determined before the court can enter an interlocutory judgment for partition by sale. In … Read More

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