Procedures in Partition

Service by Publication in a Partition Action – Everything You Need to Know

Partition actions in California sometimes involve co-owners who cannot be located. The law allows for service by publication to ensure that a partition attorney in California can end the co-ownership dispute through a judgment of partition, which generally involves a partition by sale. Below, we explain how to name and serve defendants by publication when … Read More

Venue in a Partition Action

Which Courthouse Should a Partition Action be Filed? Determining venue is one of the most basic requirements in a lawsuit. Venue establishes the county court in which the dispute will be heard. In a partition action, proper venue is generally the county in which at least one parcel of co-owned real property is located. Specifically, … Read More

Deed to Sever Joint Tenancy California Partition Attorney

How to Sever Joint Tenancy in California [Form Template Sample Example]

California law allows joint tenants to sever the joint tenancy so their interest will pass under the laws of probate, meaning their partial interest in real estate will go to their heirs, e.g., their spouse or children. In fact, when a joint tenant in California dies, their interest in California real estate becomes owned by … Read More

Code of Civil Procedure 873.070 – Petition for Instructions (Partition Actions)

California Code of Civil Procedure 873.070 is the California partition statute that gives the partition referee or any party the authority to ask the court for referee duty instructions in a partition action: The referee or any party may, on noticed motion, petition the court for instructions concerning the referee’s duties under this title. California Code of … Read More

Partition Cover Letter California

Letter Warning of Partition Action [Free Template Form Example]

Can a Letter Solve My Co-Ownership Dispute? With over partition actions currently pending throughout California, Talkov Law’s dedicated partition attorneys have worked with hundreds of co-owners. While some are amenable to a sale or buyout, others are downright unreasonable, though most fall somewhere in between these two extremes. A partition action is usually a last … Read More

Code of Civil Procedure 873.060 Authority of Referee in Partition Actions

Code of Civil Procedure 873.060 – Authority of Referee (Partition Actions)

California Code of Civil Procedure 873.060 is the California partition statute that gives the partition referee authority to do what is necessary in a partition action: The referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court. California Code of Civil Procedure 873.060 This statute gives partition … Read More

Code of Civil Procedure 874.210 - Persons Bound by Judgment (Partition Actions)

Code of Civil Procedure 874.210 – Persons Bound by Judgment (Partition Actions)

California Code of Civil Procedure 874.210 is the California partition statute explaining the binding legal effect of a partition judgment as follows: The judgment in the action is binding and conclusive on all of the following: (a) All persons known and unknown who were parties to the action and who have or claim any interest in the … Read More

Code of Civil Procedure 873.690 – Ineligible Purchasers; Bona Fide Purchaser (Partition Actions)

California Code of Civil Procedure 873.690 is the California partition statute that states who is ineligible to purchase the subject property in a partition action: (a) The following persons shall not purchase property sold in the action directly or indirectly: (1) The referee.(2) The attorney of a party.(3) The guardian or conservator of a party, unless for … Read More

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

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Los Angeles Partition Attorneys
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300

Orange County Partition Attorneys
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800

San Jose Partition Attorneys
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San Jose, CA 95113
Phone: (408) 777-6800

San Diego Partition Attorneys
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San Diego, CA 92130
Phone: (858) 800-3300

San Francisco Partition Attorneys
50 California St, Ste 1500
San Francisco, CA 94111
Phone: (415) 966-3300

Riverside Partition Attorneys
3610 Central Ave, Ste 400
Riverside, CA 92506
Phone: (951) 888-3300

Sacramento Partition Attorneys
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300

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