Costs of Partition

How Does the Partition Referee Get Paid?

How Does the Partition Referee Get Paid?

The compensation of the partition referee is paid at the end of the case, which is generally when the co-owners are being paid. In California, partition referees effectuate the court’s judgment that the property should be partitioned, which usually involves a sale of the property. The Partition Referee Gets Paid at the End of the … Read More

Factors Impacting Cost of a Partition Action in California Lawyer Attorney Law Firm

Factors Impacting Cost of a Partition Action in California

Legal fees in a partition action are generally smaller than the Realtor fees involved in forcing the sale. However, co-owners are wise to make an educated guess of the cost of attorney’s fees in a partition lawsuit. The cost of the partition hinges on several factors, including the extent of disagreement among co-owners, the monetary … Read More

998 Offers in Partition Actions to Force a Settlement - Recovering Costs of Partition

998 Offers in Partition Actions to Force a Settlement

How to Force Your Co-owner to Settle a Partition Action by Threatening to Recover the Costs of Partition Co-owners in a partition action can harness the power of a 998 offer by threatening to recover the costs of partition if the other side doesn’t accept the offer. The costs of partition can include partition attorney’s … Read More

How will the Realtor commission lawsuits impact partition actions?

How Will the Realtor Commission Lawsuits Impact Partition Actions?

Co-owners of real estate are always hoping to reduce the cost of a partition, which is a lawsuit that attempts to divide co-owned property, generally by forcing a sale and division of the proceeds. On October 31, 2023, the National Association of Realtors and large residential brokerages were found liable for about $1.8 billion in … Read More

Code of Civil Procedure § 874.140 (CCP) – Judgment for Unpaid Costs; Enforcement (Partition Action)

California Code of Civil Procedure 874.140 is the California partition statute that addresses how a judgment can be collected from a party in a partition action. The statute provides that: A judgment for unpaid costs of partition may be enforced by the person entitled to the costs in the manner provided for enforcement of money judgments … Read More

Code of Civil Procedure 874.130 CCP – Sale for Benefit of Lien Claimants (Costs of Partition)

California Code of Civil Procedure 874.130 is the California partition statute that gives the court the authority to order a judgment for the benefit of lien claimants after a partition. The statute provides that: Upon application of a person entitled to a lien imposed under this article and upon a showing of good cause, the … Read More

Code of Civil Procedure 874.120 – Lien; Priority (Costs of Partition)

California Code of Civil Procedure 874.120 is the California partition statute that addresses the cost of a partition action as a lien against a co-owner’s interest in the property. The statute provides that: (a) The costs shall be a lien on the share of the party specified. (b) A lien imposed by this section has priority over … Read More

Code of Civil Procedure 874.110 (CCP) – Time; Inclusion in Judgment (Costs of Partition)

California Code of Civil Procedure 874.110 is the California partition statute that explains that costs of a partition action may be ordered to be paid before a final disbursement to the parties is made. The statute provides that: (a) The costs of partition as apportioned by the court may be ordered paid in whole or in part … Read More

Code of Civil Procedure 874.050 – Future Interests; Apportionment; Reimbursement (Costs of Partition)

California Code of Civil Procedure 874.050 is the California partition statute that addresses costs of a partition action apportioned to future interests. The statute provides that: (a) The court may order that the share of the costs apportioned to a future interest be paid by other parties to the action or by the persons who are then … Read More

Code of Civil Procedure 874.030 – Interest on Disbursements (Partition Action)

California Code of Civil Procedure 874.030 is the California partition statute that addresses the interest rate on disbursements in a partition action. The statute provides that: Where disbursements have been made by a party under the direction of the court, interest at the legal rate shall be allowed thereon from the time of making such disbursements. California … Read More

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