California Partition Attorney Blog

CCP 872.130 Restraining orders and injunctions; bonds; purpose Talkov Law

Code of Civil Procedure 872.130 CCP – Restraining Orders and Injunctions; Bonds; Purpose (Partition Actions)

California Code of Civil Procedure 872.130 is the California partition statute that allows the court to issue restraining orders and injunctions related to the partition. The statute provides that: In the conduct of the action, the court may issue temporary restraining orders and injunctions, with or without bond, for the purpose of: (a) Preventing waste. … Read More

CCP 872.110 Superior court; jurisdiction; venue Talkov Law

Code of Civil Procedure 872.110 CCP – Superior court; jurisdiction; venue (Partition Actions)

California Code of Civil Procedure 872.110 is the California partition statute that specifies the requirement that a partition complaint must be filed in the county where the real property is located, otherwise known as venue. The statute provides that: (a) The superior court has jurisdiction of actions under this title. (b) Subject to the power … Read More

CCP 872.230 Complaint; contents Talkov Law

Code of Civil Procedure 872.230 CCP – Complaint; Contents (Partition Actions)

California Code of Civil Procedure 872.230 is the California partition statute that specifies the requirement for the contents of the complaint in a partition action. The statute provides that: The complaint shall set forth:(a) A description of the property that is the subject of the action. In the case of tangible personal property, the description … Read More

Code of Civil Procedure 872.250 CCP – Lis Pendens; Supplemental Notice; Recordation (Partition Action)

Code of Civil Procedure 872.250 CCP – Lis Pendens; Supplemental Notice; Recordation (Partition Actions)

California Code of Civil Procedure 872.250 is the California partition statute that specifies the requirement of filing a lis pendens (notice of pending action) in a partition action, as well as the effect of a lis pendens in a partition action. The statute provides that: (a) Immediately upon filing the complaint, the plaintiff shall record … Read More

CCP 872.210 Persons Authorized Partition Lawyer Attorney

Code of Civil Procedure 872.210 CCP – Persons authorized (Commencement of Partition)

California Code of Civil Procedure 872.210 is the California partition statute that specifies who is authorized to commence a partition action, concluding that all co-owners of real property can file a partition unless the property is marital community property. The statute provides that: (a) A partition action may be commenced and maintained by any of the … Read More

CCP 872.620 State of Title; Ascertainment Talkov Law

Code of Civil Procedure 872.620 CCP – State of the Title; Ascertainment (Partition Actions)

California Code of Civil Procedure 872.620 is the California partition statute that allows the court to decide the state of title as part of the partition action. The statute provides that: To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the … Read More

Wallace v. Daley Talkov Law

Wallace v. Daley – Accounting in California Partition Actions

Wallace v. Daley (1990) 220 Cal.App. 3d 1028 Perhaps the most frequently cited case in all of California partition law is Wallace v. Daley (1990) 220 Cal.App. 3d 1028, which sets forth the general principle that every partition will include an accounting of offsets. The famous quote from Wallace v. Daley is that: Every partition … Read More

CCP 872.140 Compensatory Adjustment Partion Lawyer California

Code of Civil Procedure 872.140 CCP – Compensatory adjustment among parties; equity (Partition Actions)

California Code of Civil Procedure 872.140 is the California partition statute that allows the court to distribute the proceeds of sale in a partition in an equitable manner. The statute provides that: The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity. … Read More

CCP 872.120 Motions, reports, and accounts; hearing and determination; decrees and orders Talkov Law

Code of Civil Procedure 872.120 CCP – Motions, Reports and Accounts; Hearing and Determination; Decrees and Orders (Partition Actions)

California Code of Civil Procedure 872.120 is the California partition statute that allows the court to have broad powers to effectuate its orders to ensure cooperation of the parties. The statute provides that: In the conduct of the action, the court may hear and determine all motions, reports, and accounts and may make any decrees … Read More

Code of Civil Procedure 874.010 CCP - Inclusions, Allowance and Apportionment of Costs of Partition

Code of Civil Procedure 874.010 CCP – Inclusions, Allowance and Apportionment of Costs of Partition (Costs of Partition)

California Code of Civil Procedure 874.010 is the California partition statute that allows the court to order certain costs of the partition to be allowed and apportioned between the parties. The statute provides that: The costs of partition include: (a) Reasonable attorney’s fees incurred or paid by a party for the common benefit. (b) The … Read More

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