Procedures in Partition

Code of Civil Procedure § 873.050 (CCP) – Ineligible Persons (Partition Actions)

California Code of Civil Procedure 873.050 is the California partition statute that addresses who is ineligible to be appointed as partition referee in a partition action in California. The statute provides that: None of the following persons shall be appointed a referee under this title: (a) A clerk or deputy clerk of the court. (b) … Read More

Code of Civil Procedure § 872.020 (CCP) – Scope of Title (Partition Actions)

California Code of Civil Procedure 872.020 is the California partition statute that addresses the scope of title in a partition action in California. The statute provides that: This title governs actions for partition of real property and, except to the extent not applicable, actions for partition of personal property. California Code of Civil Procedure § … Read More

Code of Civil Procedure § 873.030 (CCP) – Appointment; Three Referees (Costs of Partition)

California Code of Civil Procedure 873.030 is the California partition statute that addresses the court’s power to appoint three partition referees. The statute provides that: (a) The court may, with the consent of the parties, appoint three referees to divide or sell the property as ordered by the court. (b) The three referees so appointed … Read More

Code of Civil Procedure § 873.020 (CCP) – Appointment; One or More (Partition Referees)

California Code of Civil Procedure 873.020 is the California partition statute that addresses the court’s power to appoint multiple partition referees. The statute provides that: The court in its discretion may appoint a referee for sale and a referee for division, or may appoint a single referee for both. California Code of Civil Procedure § … 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 874.240 – Conveyances or Transfers; Conclusiveness (Partition Actions)

California Code of Civil Procedure 874.240 is the California partition statute that solidifies a conveyance or transfer in the same way a judgment would: A conveyance or transfer pursuant to Sections 873.750 and 873.790 or Section 873.960 is binding and conclusive, in the same manner as a judgment. California Code of Civil Procedure § 874.240 Conveyance … 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

Code of Civil Procedure § 872.010 (CCP) – Definitions (Partition Action)

California Code of Civil Procedure 872.010 is the California partition statute that provides definitions for terms used throughout the code for partition actions in California. The statute provides that: As used in this title:(a) “Action” means an action for partition under this title.(b) “Lien” means a mortgage, deed of trust, or other security interest in … Read More

Code of Civil Procedure § 873.270 (CCP) – Combined Interests of Unknown Parties; Property Remains Undivided (Partition In Kind)

California Code of Civil Procedure 873.270 is the California partition statute that addresses the interests of unknown parties in a partition in kind form of a partition action in California. The statute provides that: Where the court has determined the combined interests of two or more unknown parties, the entire portion of the property allocated … Read More

Code of Civil Procedure § 873.280 (CCP) – Proceedings of Referee; Report; Notice; Contents (Partition In Kind)

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

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