California Code of Civil Procedure 873.280 is the California partition statute that explains the content of the partition referee‘s report in a partition action in California. The statute provides that: (a) The referee shall file with the court a report of the referee’s proceedings and give written notice of filing to each party who has … Read More
California Code of Civil Procedure 873.110 is the California partition statute that addresses services provided to the partition referee by third persons in a partition action in California. The statute provides that: Subject to the limitations of this article, the court may: (a) Authorize or approve contracts of the referee for the services and expenses … Read More
California Code of Civil Procedure 873.530 is the California partition statute that addresses private sale and public auction in a partition action in California. The statute provides that: Part of the property may be sold at public auction and part at private sale if it appears that to do so will be more beneficial to … Read More
California Code of Civil Procedure 873.260 is the California partition statute that addresses the impact of a lien against a co-owner’s interest in a property upon division or sale in a partition action in California. The statute provides that: Where a lien is on an undivided interest of a party, the lien shall, upon division … Read More
California Code of Civil Procedure 873.230 is the California partition statute that explains the effect of a co-owner transferring a portion of the property prior to the filing of a partition action in California. The statute provides that: Where prior to the commencement of the action a party has executed a deed purporting to convey … Read More
California Code of Civil Procedure 873.120 is the California partition statute that addresses the procedure for a partition referee to employ an attorney in a partition action in California. The statute provides that: (a) The referee may employ an attorney only with the approval of the court pursuant to Section 873.110. (b) The application for approval … Read More
California Code of Civil Procedure 873.130 is the California partition statute that explains the role of a surveyor hired by the referee in a partition action in California. The statute provides that: The referee may, with the approval of the court pursuant to Section 873.110, employ a surveyor with the necessary assistants to aid in making … Read More
California Code of Civil Procedure 873.140 is the California partition statute that addresses how a partition referee may employ an auctioneer in a partition by sale action in California. The statute provides that: The referee may, with the approval of the court pursuant to Section 873.110, employ an auctioneer, authorized to act as such in the … Read More
Am I Entitled to a Partition? California law generally allows any co-owner of a jointly owned property to force the sale of the property through a partition action. Partition actions are so favorable to public policy that the “right to partition is absolute.” [1]Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325. However, there are … Read More
California Code of Civil Procedure 873.250 is the California partition statute that addresses owelty payments in a partition action involving partition in-kind in California. The statute provides that: (a) Where division cannot be made equally among the parties according to their interests without prejudice to the rights of some, compensation may be required to be … Read More
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