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
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
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
In the course of a partition lawsuit, many litigants start to question what the cost of a partition action should be. In particular, many are wary of the cost of a partition referee and believe the referee costs may eat up much of the proceeds of sale. The experienced partition attorneys at Talkov Law know … Read More
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
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
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
California Code of Civil Procedure 873.650 is the California partition statute that explains the content of a notice of sale in a partition action in California. The statute provides that: (a) The court shall prescribe the contents of the notice of sale, which shall include a description of the property, the time and place of … Read More
A partition action is a lawsuit that forces the sale or division of jointly owned real property. The court will equitably divide the interests of all the co-owners even if one or more co-owners does not agree to the sale or division. This division generally involves division of the proceeds of sale. What is Partition … Read More
In a California partition action, certain partition offsets may be recoverable where one party made a unequal contribution to the property. Indeed, the rule is that: “The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity.” [1]California Code of Civil Procedure § … Read More
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