California Code of Civil Procedure 873.270 is the California partition statute that addresses the interests of unknown parties in a partition in kind form of a partition action in California. The statute provides that: Where the court has determined the combined interests of two or more unknown parties, the entire portion of the property allocated … Read More
California Code of Civil Procedure 873.530 is the California partition statute that addresses private sale and public auction in a partition action in California. The statute provides that: Part of the property may be sold at public auction and part at private sale if it appears that to do so will be more beneficial to … Read More
California Code of Civil Procedure 873.260 is the California partition statute that addresses the impact of a lien against a co-owner’s interest in a property upon division or sale in a partition action in California. The statute provides that: Where a lien is on an undivided interest of a party, the lien shall, upon division … Read More
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
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
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
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