“Fairness” is Not a Defense to Partition

Courts have repeatedly concluded that the “fairness” defense to partition found in a 1976 case was impliedly rejected by the 1976 legislation declaring in California that “the right to partition is absolute.” Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325. Contents hide 1. The Supposed “Fairness” Defense to Partition 2. Court of Appeal Has Twice … Continue reading “Fairness” is Not a Defense to Partition