California Code of Civil Procedure 873.080 is the California partition statute that gives partition referees the authority to designate a portion of a property as a road or close roads as he or she sees fit. The statute provides that: (a) In selling or dividing the property, the referee may, if it will be for … Read More
California Code of Civil Procedure 873.030 is the California partition statute that addresses the court’s power to appoint three partition referees. The statute provides that: (a) The court may, with the consent of the parties, appoint three referees to divide or sell the property as ordered by the court. (b) The three referees so appointed … Read More
California Code of Civil Procedure 873.020 is the California partition statute that addresses the court’s power to appoint multiple partition referees. The statute provides that: The court in its discretion may appoint a referee for sale and a referee for division, or may appoint a single referee for both. California Code of Civil Procedure § … Read More
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 873.280 is the California partition statute that explains the content of the partition referee‘s report in a partition action in California. The statute provides that: (a) The referee shall file with the court a report of the referee’s proceedings and give written notice of filing to each party who has … 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 873.230 is the California partition statute that explains the effect of a co-owner transferring a portion of the property prior to the filing of a partition action in California. The statute provides that: Where prior to the commencement of the action a party has executed a deed purporting to convey … 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
California Code of Civil Procedure 873.290 is the California partition statute that allows a party to confirm, modify, or set aside the referee’s report in a partition in kind: (a) Any party, upon notice to the other parties who have appeared, may move the court to confirm, modify, or set aside the report. (b) At the hearing, the court … Read More
California Code of Civil Procedure 873.240 is the California partition statute that describes how property will be physically divided in a partition lawsuit. The statute provides that: Where real property consists of more than one distinct lot or parcel, the property shall be divided by such lots or parcels without other internal division to the … Read More
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