California Civil Code section 683.2 lets a joint tenant end a joint tenancy alone, without the other owner’s consent, by deed or written declaration, but the document must be recorded before the severing owner dies to cut off the right of survivorship.
California Probate Code section 11950 lets two or more beneficiaries with undivided interests in estate property ask the probate court to partition, allot, or otherwise divide that property.
California Civil Code section 843 addresses concurrent ownership, ouster, and damages. It sets how a co-owner out of possession can establish an ouster.
California Probate Code section 9823 addresses how partition actions interact with probate when a decedent leaves an undivided interest in property.
Code of Civil Procedure section 874.140 addresses how a judgment for unpaid costs of partition can be enforced against a party in a California partition action.
Code of Civil Procedure section 873.760 sets out what a party or the partition referee can do when a buyer fails to pay the sale price after the sale is confirmed.
Code of Civil Procedure section 874.130 lets a person holding a lien for partition costs ask the court to order a sale of the property to pay those liens.
Code of Civil Procedure section 873.040 explains that the parties, or a guardian or conservator for a party, may consent to the appointment of a partition referee. If they can’t agree, the court decides.
Code of Civil Procedure section 873.750 gives the court authority to order the partition referee to complete the sale once the sale is confirmed.
Code of Civil Procedure section 873.745 gives the court authority to set, limit, or divide real estate agents’ commissions on a partition sale.
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