California Code of Civil Procedure § 872.730 – Partnership Property in a Partition
Code of Civil Procedure section 872.730 lets the court apply the partition statutes to partnerships when the court finds them a suitable remedy.
Waiver of Right to Partition in California
Defendants often claim their co-owner waived the right to partition. In California, a valid waiver is extremely rare and requires specific circumstances.
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.
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.
How to Win a Partition Action
How a co-owner who wants out wins a partition action in California: force the sale or a buyout, answer the defenses your co-owner will raise, maximize your offsets, and build your record from day one.
Absolute Right to Partition in California
Under Code of Civil Procedure section 872.210, any co-owner can force the sale of co-owned property. The right to partition is so strong that courts call it absolute.
California Code of Civil Procedure § 872.710 – Right to Partition
Code of Civil Procedure section 872.710 governs the right to partition in California, providing that partition of concurrent interests is a matter of right unless barred by a valid waiver.
California Code of Civil Procedure § 872.210 – Who Can File a Partition Action
Code of Civil Procedure section 872.210 decides who can file a partition action. Any co-owner of real or personal property may sue for partition, but spouses cannot use it to divide community property.
The Secret to Selling Jointly Owned Property
California co-owners can sell by agreement, complete a buyout, or use a partition action when an owner refuses. Learn the steps, costs, and timing.
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.
How to Force the Sale of Jointly Owned Property in California
Co-owners of real estate in California have an absolute legal right to partition the property, thereby causing the property to be sold and the proceeds distributed.
Statute of Frauds in California Real Estate: Oral Agreements Between Co-Owners
California’s statute of frauds requires a signed writing to transfer an interest in real estate, so an oral promise to sell a co-owner’s half, or a claim that someone on the deed is only a co-signer, generally cannot change who owns the property.
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.
