California Code of Civil Procedure 872.730 is the California partition statute that explains partition as a remedy in partnerships:
To the extent that the court determines that the provisions of this title are a suitable remedy, such provisions may be applied in a proceeding for partnership accounting and dissolution, or in an action for partition of partnership property, where the rights of unsecured creditors of the partnership will not be prejudiced.
California Code of Civil Procedure 872.730
This section is an exception to California Code of Civil Procedure 872.710, which governs the right to partition in co-ownership situations in which the property is held in tenancy in partnership. If the property is held in partnership, this code “codifies prior case law to the effect that partition is an appropriate remedy where the affairs of the partnership are otherwise sufficiently settled and what remains is the division or sale of the property.” [1]Code Civ. Proc. § 872.730, Law Revision Commission Comment; see, e.g., Hughes v. Devlin (1863) 23 Cal. 501; Logoluso v. Logoluso (1965) 233 Cal.App.2d 523.
Contact an Experienced Partition Attorney in California
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our knowledgeable partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568), email us at info(at)talkovlaw.com, or fill out a contact form online. Contact Talkov Law today to find out how you can pay nothing today and have your legal fees paid from the proceeds of sale of your property!
References
| ↑1 | Code Civ. Proc. § 872.730, Law Revision Commission Comment; see, e.g., Hughes v. Devlin (1863) 23 Cal. 501; Logoluso v. Logoluso (1965) 233 Cal.App.2d 523. |
|---|
