Partition

Code of Civil Procedure 873.930 CCP – Agreement; Application for Approval (Partition Actions)

California Code of Civil Procedure 873.930 is the California partition statute that allows parties to submit an agreement to the court and gives the court authority to approve that agreement in a partition by appraisal: (a) Any party to the agreement may, upon noticed motion, apply to the court for approval of the agreement. (b) If the court determines … Read More

Code of Civil Procedure 873.950 Motion to Confirm, Modify, or Set Aside Report

Code of Civil Procedure 873.940 CCP – Referees; Appointment; Report (Partition Actions)

California Code of Civil Procedure 873.940 is the California partition statute that allows the court to appoint referees in a partition by appraisal: The court shall appoint one referee or, if provided in the agreement, three referees to appraise the property and the interests involved. The referee shall report the valuations and other findings to the court … Read More

Code of Civil Procedure 873.950 CCP – Motion to Confirm, Modify or Set Aside Report (Partition Actions)

California Code of Civil Procedure 873.950 is the California partition statute that allows parties or the partition referee to confirm, modify, or set aside the report in a partition by appraisal: Any party to the agreement or the referee, upon 10 days’ notice to the referee if the referee is not the moving party and to the … Read More

Interlocutory Judgment of Partition by Sale in California

Interlocutory Judgment of Partition by Sale – The Two Phases of a Partition in California

The independent nature of the statutorily required “interlocutory judgment” in a California partition action is rarely seen among civil litigation judgments, which may cause confusion among those who are not familiar with partition law. Generally, a case has only one judgment, and that judgment answers all issues in the case. Even if that judgment is … Read More

Code of Civil Procedure 873.290 Confirmation Modification or Setting Aside Report, Hearing, Entry of Judgment in Partition Actions

Code of Civil Procedure 873.290 CCP – Confirmation, Modification or Setting Aside Report; Hearing; Entry of Judgment (Partition Actions)

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

Code-of-Civil-Procedure-872.730-Application-to-Partnerships

Code of Civil Procedure 872.730 CCP – Application to Partnerships (Partition Actions)

California Code of Civil Procedure 872.730 is the California partition statute that explains partition as a remedy in partnerships: To the extent that the court determines that the provisions of this title are a suitable remedy, such provisions may be applied in a proceeding for partnership accounting and dissolution, or in an action for partition of partnership … Read More

Code of Civil Procedure 873.720 CCP – Confirmation of or Setting Aside Sale; Motion; Notice (Partition Actions)

California Code of Civil Procedure 873.720 is the California partition statute that allows a party to confirm or set aside the sale of the property in a partition action. The statute provides that: (a) A purchaser, the referee, or any party may move the court to confirm or set aside the sale. (b) The moving … Read More

California Code of Civil Procedure 873.720 Confirmation of or Setting Aside Sale, Motion, Notice in Partition Actions

Code of Civil Procedure 872.550 CCP – Joinder of All Persons Unknown Claiming Any Interest (Partition Actions)

California Code of Civil Procedure 872.550 is the California partition statute that allows a plaintiff to join all parties, including unknown parties, in a partition action. The statute provides that: Where partition is sought as to all interests in the property, the plaintiff may join as defendants “all persons unknown claiming any interest in the … Read More

Code of Civil Procedure 872.220 CCP – Title Report (Partition Actions)

California Code of Civil Procedure 872.220 is the California partition statute that explains how a title report will be obtained in a partition action. The statute provides that: If it is necessary to have a title report: (a) The plaintiff may, prior to commencing the action, procure a title report and shall in the complaint indicate … Read More

Code of Civil Procedure 872.520 CCP - Names and Nature of Interest Unknown; Statement in Complaint; Orders (Partition Actions)

Code of Civil Procedure 872.520 CCP – Names and Nature of Interest Unknown; Statement in Complaint; Orders (Partition Actions)

California Code of Civil Procedure 872.520 is the California partition statute that adds to California Code of Civil Procedure 872.510 by further explaining the requirement of joining defendants or ownership interests that are unknown. This section provides as follows: (a) If the name of a person described in Section 872.510 is not known to the plaintiff, the … Read More

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