California Code of Civil Procedure 872.810 is the California partition statute that provides for the manner of partition to be the manner set forth in the interlocutory judgment of partition, i.e., partition in kind vs. partition by sale. The statute provides that: The court shall order that the property be divided among the parties in … Read More
California Code of Civil Procedure 872.820 is the California partition statute that provides for the manner of partition to be partition by sale so long as the it would be more equitable than partition in kind. The statute provides that: Notwithstanding Section 872.810, the court shall order that the property be sold and the proceeds be … Read More
California Code of Civil Procedure 872.330 is the California partition statute that provides further clarification for a court-ordered service by publication, including defendants that should be named and the property to be included. The statute states that: (a) Where the court orders service by publication, the publication may: (1) Name only the defendants to be served thereby. … Read More
California Code of Civil Procedure 873.010 is the California partition statute that describes the power and duty of a partition referee as appointed by the court. The statute provides that: (a) The court shall appoint a referee to divide or sell the property as ordered by the court.(b) The court may: (1) Determine whether a … Read More
California Code of Civil Procedure 872.610 is the California partition statute that specifies that the interests of all parties may be tried in the partition action. The statute provides that: The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action. California Code of Civil … Read More
California Code of Civil Procedure 872.310 is the California partition statute that specifies how a summons for a partition action shall be served upon both named and unnamed parties. The statute provides that: (a) The form, content, and manner of service of summons shall be as in civil actions generally. (b) Service on persons named as parties … Read More
California Code of Civil Procedure 872.320 is the California partition statute that specifies the requirements for service by publication and posting at the property. The statute provides that: Where the court orders service by publication, such order shall be subject to the following conditions: (a) The plaintiff shall post, not later than 10 days after the … Read More
California Code of Civil Procedure 872.130 is the California partition statute that allows the court to issue restraining orders and injunctions related to the partition. The statute provides that: In the conduct of the action, the court may issue temporary restraining orders and injunctions, with or without bond, for the purpose of: (a) Preventing waste. … Read More
California Code of Civil Procedure 872.110 is the California partition statute that specifies the requirement that a partition complaint must be filed in the county where the real property is located. The statute provides that: (a) The superior court has jurisdiction of actions under this title. (b) Subject to the power of the court to … Read More
California Code of Civil Procedure 872.230 is the California partition statute that specifies the requirement for the contents of the complaint in a partition action. The statute provides that: The complaint shall set forth:(a) A description of the property that is the subject of the action. In the case of tangible personal property, the description … Read More
Recent Blog Posts
Talkov Law Corp.
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.
