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Partition Procedures

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

Code of Civil Procedure 873.960 – Hearing; Confirmation of Report; Conditions; Judgment (Partition by Appraisal)

California Code of Civil Procedure 873.960 is the California partition statute that addresses the confirmation of the report the partition referee upon transfer of the property in a partition by appraisal. The statute provides that: At the hearing, the court shall examine the report and witnesses. If the court determines that the proceedings have been regularly conducted, … Read More

Code of Civil Procedure § 874.323 (CCP) – Supersedes the Electronic Signatures in Global and National Commerce Act (Partition Actions)

California Code of Civil Procedure 874.323 is the California partition statute explaining e-signatures under the California Partition of Real Property Act: This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 … Read More

Code of Civil Procedure 874.225 – Claim in Property of Person Not a Party to Action; Effect of Judgment; Conditions (Partition Actions)

California Code of Civil Procedure 874.225 is the California partition statute that states that someone who is not a party to the partition action is not affected by the judgment so long as certain conditions are satisfied. The statute provides that: Except to the extent provided in Section 1908, the judgment does not affect a claim in … Read More

Code of Civil Procedure § 872.040 (CCP) – Compliance with Laws, Regulations, Etc. Relating to Property (Partition Actions)

California Code of Civil Procedure 872.040 is the California partition statute that addresses applicable laws in a partition action in California. The statute provides that: Nothing in this title excuses compliance with any applicable laws, regulations, or ordinances governing the division, sale, or transfer of property. California Code of Civil Procedure § 872.040 The statutes … Read More

Code of Civil Procedure § 872.030 (CCP) – Civil Actions; Law Governing (Partition Action)

California Code of Civil Procedure 872.030 is the California partition statute that provides definitions for terms used throughout the code for partition actions in California. The statute provides that: The statutes and rules governing practice in civil actions generally apply to actions under this title except where they are inconsistent with the provisions of this … Read More

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