Sometimes, co-owners wonder if their co-owned property will be sold for fair market value in a partition action, or whether the process will result in a below market sales price. There are many reasons that partition action sales conducted by a partition referee will generally result in the property being sold for fair market value, … Read More
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
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
California Code of Civil Procedure 873.760 is the California partition statute that explains what a party or the partition referee can do in case a purchaser does not follow through with purchasing the house. The statute provides that: If the purchaser, after the confirmation of the sale, fails to pay the sale price, the purchaser … Read More
California Code of Civil Procedure 874.130 is the California partition statute that gives the court the authority to order a judgment for the benefit of lien claimants after a partition. The statute provides that: Upon application of a person entitled to a lien imposed under this article and upon a showing of good cause, the … Read More
California Code of Civil Procedure 873.040 is the California partition statute that explains that all parties (or if a party is a minor, the conservator of the minor’s estate) should consent to the appointment of a partition referee. If the parties cannot agree, the court has discretion to appoint a referee. The statute provides that: … Read More
California Code of Civil Procedure 873.750 is the California partition statute that gives the court the authority to order that the partition referee consummate the sale of the property. The statute provides that: (a) Upon confirmation of a sale, the court shall order the referee to execute a conveyance or other instrument of transfer, to … Read More
California Code of Civil Procedure 873.745 is the California partition statute that gives the court authority to fix, limit, or divide agents’ commissions. The statute provides that: The amount of agents’ commissions on the sale, if any, shall be fixed by the court and divided or limited in the manner provided for private sales of … Read More
California Code of Civil Procedure 874.120 is the California partition statute that addresses the cost of a partition action as a lien against a co-owner’s interest in the property. The statute provides that: (a) The costs shall be a lien on the share of the party specified. (b) A lien imposed by this section has priority over … Read More
California Code of Civil Procedure 874.110 is the California partition statute that explains that costs of a partition action may be ordered to be paid before a final disbursement to the parties is made. The statute provides that: (a) The costs of partition as apportioned by the court may be ordered paid in whole or in part … Read More
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