Scott Talkov

Code of Civil Procedure § 873.120 (CCP) – Attorney (Partition Referees)

California Code of Civil Procedure 873.120 is the California partition statute that addresses the procedure for a partition referee to employ an attorney in a partition action in California. The statute provides that: (a) The referee may employ an attorney only with the approval of the court pursuant to Section 873.110. (b) The application for approval … Read More

Code of Civil Procedure § 873.130 (CCP) – Surveyor (Partition Actions)

California Code of Civil Procedure 873.130 is the California partition statute that explains the role of a surveyor hired by the referee in a partition action in California. The statute provides that: The referee may, with the approval of the court pursuant to Section 873.110, employ a surveyor with the necessary assistants to aid in making … Read More

Code of Civil Procedure § 873.140 (CCP) – Auctioneer (Partition by Sale)

California Code of Civil Procedure 873.140 is the California partition statute that addresses how a partition referee may employ an auctioneer in a partition by sale action in California. The statute provides that: The referee may, with the approval of the court pursuant to Section 873.110, employ an auctioneer, authorized to act as such in the … Read More

Am I Entitled to a Partition Action Attorney Lawyer

Can I File a Partition Action?

Am I Entitled to a Partition? California law generally allows any co-owner of a jointly owned property to force the sale of the property through a partition action. Partition actions are so favorable to public policy that the “right to partition is absolute.” [1]Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325. However, there are … Read More

Code of Civil Procedure § 873.250 (CCP) – Owelty (Partition In Kind)

California Code of Civil Procedure 873.250 is the California partition statute that addresses owelty payments in a partition action involving partition in-kind in California. The statute provides that: (a) Where division cannot be made equally among the parties according to their interests without prejudice to the rights of some, compensation may be required to be … Read More

Can a 1031 Exchange Be Used in a Partition Action in California?

Many co-owners of jointly owned property who are seeking a partition action worry about the issue of capital gains and related tax implications. In other words, they are concerned that ending their co-ownership relationship by forcing the sale of jointly owned property may result in immediate taxes on the profits (gains) from the sale of … Read More

Code of Civil Procedure § 873.680 (CCP) – Private Sale; Time; Bids (Partition Action)

California Code of Civil Procedure 873.680 is the California partition statute that explains the procedure for private sale of real property in a partition action in California. The statute provides that: (a) A sale at private sale shall not be made before the day specified in the notice of sale but shall be made within … Read More

Code of Civil Procedure § 873.670 (CCP) – Public Auction; Location; Postponement (Partition Action)

California Code of Civil Procedure 873.670 is the California partition statute that explains the public auction procedure in a partition action in California. The statute provides that: (a) A sale at public auction to the highest bidder shall be held in the county in which the action is pending or such other place as may … Read More

Code of Civil Procedure § 873.660 (CCP) – Securities; Perishable Property; Passage of Title; Proceeds (Partition Action)

California Code of Civil Procedure 873.660 is the California partition statute that discusses securities, perishable property, passage of title, and proceeds in a partition action in California. The statute provides that: (a) The court may order securities listed on an established stock or bond exchange, and personal property that is perishable, that will depreciate in … Read More

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Los Angeles Partition Attorneys
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
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Orange County Partition Attorneys
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San Jose Partition Attorneys
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Riverside, CA 92506
Phone: (951) 888-3300

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Sacramento, CA 95814
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