Partition Statutes Archives

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 873.780 – Closing of Sale After Confirmation; Adjustments; Order (Partition Sales)

California Code of Civil Procedure 873.780 is the California partition statute that states that the court may adjust the terms of sale in a partition action. The statute provides that: The court may make orders relating to the closing of a sale after confirmation, including escrow and closing provisions and, if the referee and purchaser so agree … Read More

Code of Civil Procedure § 873.160 (CCP) – Liability of Referee (Partition Referees)

California Code of Civil Procedure 873.160 is the California partition statute that releases partition referees of liability for contracts made or expenses incurred unless explicitly in writing. The statute provides that: The referee is not personally liable on contracts made, or for expenses incurred, except as such liability is expressly assumed by the referee in … Read More

Code of Civil Procedure § 873.080 (CCP) – Designation of Public and Private Ways (Partition Referees)

California Code of Civil Procedure 873.080 is the California partition statute that gives partition referees the authority to designate a portion of a property as a road or close roads as he or she sees fit. The statute provides that: (a) In selling or dividing the property, the referee may, if it will be for … 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 § 873.150 (CCP) – Interest on Unpaid Contracts (Partition Referee)

California Code of Civil Procedure 873.150 is the California partition statute that addresses payment to third party contractors by a referee in a partition action in California. The statute provides that: A contract for the services of an attorney, surveyor, auctioneer, or other third person may provide for the accrual of interest at a rate … Read More

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

Code of Civil Procedure 873.780 – Closing of Sale After Confirmation; Adjustments; Order (Partition Sales)

Code of Civil Procedure § 873.160 (CCP) – Liability of Referee (Partition Referees)

Code of Civil Procedure § 873.080 (CCP) – Designation of Public and Private Ways (Partition Referees)

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

Code of Civil Procedure § 873.150 (CCP) – Interest on Unpaid Contracts (Partition Referee)

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

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

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

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

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