Code of Civil Procedure section 873.070 lets the partition referee or any party, on noticed motion, ask the court for instructions about the referee’s duties.
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.
Code of Civil Procedure section 873.940 directs the court to appoint one referee, or three if the agreement provides, to appraise the property in a partition by appraisal.
Unlike most lawsuits, a California partition action has two phases. The interlocutory judgment ends the first phase by deciding the right to partition, before the sale and accounting.
Code of Civil Procedure section 874.320 explains how the court sells property under the Partition of Real Property Act, usually through an open-market sale by a broker.
The Partition of Real Property Act took effect January 1, 2023, replacing the Uniform Partition of Heirs Property Act. It gives co-owners the chance to buy out a co-owner who asks for a sale.
Code of Civil Procedure section 874.315 sets requirements for partition referees appointed under the Partition of Real Property Act.
A Realtor can’t force a co-owner who refuses to sell. Here is what agents can do, when to bring in a partition attorney, and how a stalled sale moves forward.
Code of Civil Procedure section 873.210 explains how a partition referee physically divides the property and distributes it according to each party’s interest.
When siblings inherit a house and one moves in, the others often want them out. You can’t evict a co-owning sibling, but a partition action can force a sale.
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.
Code of Civil Procedure section 872.830 allows a rare type of partition where part of the property is sold and the rest is divided in kind.
Code of Civil Procedure section 872.810 requires the property to be divided according to the parties’ interests as set in the interlocutory judgment.
Code of Civil Procedure section 873.010 directs the court to appoint a partition referee to divide or sell the property, and describes the referee’s powers and duties.
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.
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.
A partition action complaint describes the co-owned property, names every owner and lienholder, and asks the court to sell or divide it; here is a free California form with the CCP 872.230 checklist.
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As partition attorneys in California, we are often asked about the cost of a partition action. Since attorneys are the largest cost, the real question is how much are the attorney’s fees for a partition lawsuit in California?
When co-owners can’t agree, a California court can force a sale. Before the proceeds are split, the court credits co-owners for mortgage payments, taxes, improvements, and rental value.
Representing co-owners statewide. Find your nearest Talkov Law office.
Practical guides from attorneys who focus exclusively on California partition actions.
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