Co-Ownership

California Code of Civil Procedure 872.510 Joinder of Defendants

Code of Civil Procedure 872.510 CCP – Joinder of Defendants (Partition Actions)

California Code of Civil Procedure 872.510 is the California partition statute that explains who should be joined as a defendant in a partition action. The statute provides that: The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from … Read More

Code of Civil Procedure 872.540 CCP – Oil and Gas Interests (Partition Actions)

California Code of Civil Procedure 872.540 is the California partition statute that determines that lessees who use the property, but are not owners, should not be joined in the partition action. The statute provides that: Where property is subject to a lease, community lease, unit agreement, or other pooling arrangement with respect to oil or … Read More

California Code of Civil Procedure 872.640 Unknown Parties, Interests

Code of Civil Procedure 872.640 CCP – Unknown Parties; Interests (Partition Actions)

California Code of Civil Procedure 872.640 is the California partition statute that describes what courts will do in the event that multiple parties are unknown. The statute provides that: Where two or more parties are unknown, the court may consider their interests together in the action and not as between each other. California Code of … Read More

Code of Civil Procedure 873.240 CCP – Division by Lots or Parcels (Partition Actions)

Code of Civil Procedure 873.240 CCP – Division by Lots or Parcels (Partition Actions)

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

California Code of Civil Procedure 874.321 filing report for open-market sales partition of real property act

Code of Civil Procedure 874.321 CCP – Filing report for open-market sales (Partition of Real Property Act)

California Code of Civil Procedure 874.321 is the California partition statute that describes what details of the sale of the property are required to be submitted to the court under the California Partition of Real Property Act. The statute provides that: (a) A broker appointed to offer property for open-market sale shall file a report with the … Read More

Code of Civil Procedure 874.314 CCP – Method of service; notice by publication (Partition of Real Property Act)

California Code of Civil Procedure 874.314 is the California partition statute that explains partition alternatives under the California Partition of Real Property Act. The statute provides that: (a) This act does not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in … Read More

California Code of Civil Procedure 874.318

Code of Civil Procedure 874.318 CCP – Partition Alternatives (Partition of Real Property Act)

California Code of Civil Procedure 874.318 is the California partition statute that explains partition alternatives under the California Partition of Real Property Act. The statute provides that: (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 874.317, or if after conclusion of the … Read More

Code of Civil Procedure 874.320 Court Ordered Open-Market Sale; Sealed Bids; Auction

Code of Civil Procedure 874.320 CCP – Court ordered open-market sale; sealed bids; auction (Partition of Real Property Act)

California Code of Civil Procedure 874.320 the California partition statute that explains the details of how a court will sell a property under the California Partition of Real Property Act. The statute states the following: (a) If the court orders a sale of property, the sale shall be an open-market sale unless the court finds that a … Read More

Personality Types of Co-owners in Partition Actions

While partition attorneys often focus on legal strategies, litigation also involves conflicts and dysfunction between personalities. With about 98% of partition actions that we handle settling before trial, these personality types often demand careful attention to ensure an optimal and expedient resolution. As shown below, certain dysfunctional personality traits require additional attention by parties to … Read More

How Realtors Can Force the Sale of Co-Owned Property

How Realtors Can Force the Sale of Co-owned Property in California

Can Realtors assist their clients in selling a co-owned property? As a Realtor, you may have come across situations in which a disagreeable co-owner disrupts an otherwise easy sale. Your client may have his or her heart set on selling the home but is unable to do so without the signature of the uncooperative co-owner. … Read More

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