California Code of Civil Procedure § 873.250 – Owelty in a Partition in Kind
Code of Civil Procedure section 873.250 lets the court order owelty, a compensating payment between co-owners, when a partition in kind can’t divide the property equally.
Partition Action in California: What It Is and How It Works
A partition action is a lawsuit in which a California court ends the co-ownership of real property by dividing it or ordering it sold and dividing the proceeds. A co-owner generally can force a sale without the other co-owners’ consent.
Can I Recover for Time and Labor on Property Improvements and Management in a California Partition Action?
In a partition action, a co-owner who made unequal contributions may recover offsets. Here is whether that includes compensation for your own time and labor on improvements and management.
Bankruptcy Co-Ownership Offset Disputes – Applying Partition Laws in a Section 363(h) Sale of Co-Owned Property – In re Flynn, 297 B.R. 599 (B.A.P. 9th Cir. 2003)
When a co-owner files bankruptcy, the trustee may sell the co-owned property under section 363(h) of the Bankruptcy Code. Under In re Flynn, the court can still apply California partition offsets.
California Code of Civil Procedure § 873.060 – Authority of a Partition Referee
Code of Civil Procedure section 873.060 gives the partition referee authority to perform any acts necessary to carry out the referee’s duties in a partition action.
Offsets for Rental Value Against Co-Owners in Sole Possession – Hunter v. Schultz – California Partition Actions
A co-owner in sole possession who paid all the expenses often expects full reimbursement. Under Hunter v. Schultz, the other co-owner can offset the property’s rental value against those claims.
Is There a Statute of Limitations on a Partition Action?
No. Under Adams v. Hopkins, the statute of limitations never bars a partition action between co-owners, unless one owner has already lost title to the other through adverse possession.
California Code of Civil Procedure § 873.770 – Credit for a Party Who Buys at a Partition Sale
Code of Civil Procedure section 873.770 explains how the referee distributes sale proceeds when the buyer is also a party entitled to part of them, as with a credit bid.
True Joint Tenancy in California Partition Actions – Milian v. De Leon
Milian v. De Leon (1986) 181 Cal.App.3d 1185 held that once a partition court finds a true joint tenancy, the co-owners generally share equally without reimbursement for unequal contributions.
Can I Collect Rental Value from my Co-Owner in a Partition Action?
Moving out doesn’t end your co-ownership rights. Here is when a co-owner in possession may owe rental value to the others in a partition action.
Forcing the Sale of an Inherited House in California
When a sibling or other heir lives in an inherited house and won’t sell, the other heirs can force a sale through a partition action.
What is an Answer to a Partition Action?
When a partition action is filed, the defendant can respond by filing an answer, a pleading that admits or denies the complaint’s allegations.
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Can You Sue an Attorney for Doing their Job? [Anti-SLAPP Protection for Litigation-Related Activities]
Litigants sometimes name the opposing attorney as a defendant to gain leverage. Under California’s anti-SLAPP statute, that can be a costly mistake that ends with paying the attorney’s fees.
5 Ways to Sell a Co-Owned House in California With a Lien
A lien against one co-owner does not have to stop the sale of a co-owned house. Here are five ways to sell a California house when one owner has a lien or judgment.
California Code of Civil Procedure § 872.430 – Reimbursement Claims in a Partition Answer
Code of Civil Procedure section 872.430 lets a partition defendant claim contribution or other offsets in the answer itself, without filing a cross-complaint.
California Code of Civil Procedure § 873.220 – Allotting Improvements in a Partition in Kind
Code of Civil Procedure section 873.220 lets a partition in kind allot to a party the portion of the property that includes improvements that party made.
Reimbursement for Improvements in Partition Actions
California law allows a co-owner to be compensated for improvements in a partition action, but whether an offset is awarded depends on the circumstances.
California Code of Civil Procedure § 873.850 – Unallocated Proceeds in a Partition
Code of Civil Procedure section 873.850 lets the partition action continue between the parties to decide how proceeds are allocated when that hasn’t yet been determined.
California Code of Civil Procedure § 872.610 – Trying the Interests of All Parties in a Partition
Code of Civil Procedure section 872.610 provides that the interests of all parties, plaintiff and defendant alike, may be tried and decided in the partition action.
California Code of Civil Procedure § 872.130 – Restraining Orders and Injunctions in a Partition
Code of Civil Procedure section 872.130 lets the partition court issue restraining orders and injunctions to prevent waste, protect the property or its title, and stop interference.
Wallace v. Daley: Every Partition Includes an Accounting
Wallace v. Daley (1990) 220 Cal.App.3d 1028 may be the most cited case in California partition law. It holds that every partition includes an accounting of offsets.
California Code of Civil Procedure § 872.140 – Compensatory Adjustment in Partition Actions
Code of Civil Procedure section 872.140 lets the court in every partition action order an accounting, contribution, and other compensatory adjustments between co-owners according to equity.
California Code of Civil Procedure § 872.120 – Powers of the Court in a Partition
Code of Civil Procedure section 872.120 gives the partition court power to decide every motion, report, and account in the case and to make any order needed to carry out the partition.
California Code of Civil Procedure § 872.720 – Interlocutory Judgment of Partition
Code of Civil Procedure section 872.720 requires the court in a partition action to enter an interlocutory judgment once it finds the plaintiff is entitled to partition. That judgment sets the ownership interests and the manner of partition.
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Challenging Boilerplate Affirmative Defenses in a California Partition
Many defendants answer with boilerplate affirmative defenses and no supporting facts. In California, those defenses can be challenged by a motion to strike or demurrer.
