In Sullivan v. Dorsa, the California Court of Appeal held that a broker earns no commission on a partition sale that was never confirmed or closed, and that owners cannot veto a sale already reported to the court.
In Richmond v. Dofflemyer, a California court divided part of a family ranch in kind and sent the rest to a referee. See what it means for co-owners.
In Starcevic v. Pentech, the California Court of Appeal held that a creditor ranked first against a co-owner’s share of partition sale money lost its place when its judgment expired. Under Code of Civil Procedure section 872.040, a partition does not excuse compliance with other property laws.
Not always. Most California partitions that end in a court-ordered sale need a referee, but a court-appointed broker can fill that role, and cases that settle never need one.
Yes. A California co-owner can partition a rental property even with tenants and a good lease. Here is how rent, receivers, tenants, deposits and the sale are handled.
Usually, yes. Most partitions end with an agreement to sell on the open market, and even sales run by a partition referee generally reach fair market value or better.
Code of Civil Procedure section 873.040 explains that the parties, or a guardian or conservator for a party, may consent to the appointment of a partition referee. If they can’t agree, the court decides.
Who is bound by a California partition judgment? Learn how section 874.210 affects judgment creditors whose abstracts are recorded after the lis pendens.
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 873.610 lets the court set the manner, terms, and conditions of a partition sale, and lets the referee make recommendations about them.
Code of Civil Procedure section 873.600 requires the court to order a partition sale in the manner and on the terms the parties agree to.
Code of Civil Procedure section 873.510 sets how the court-appointed partition referee makes the sale of the property.
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Practical guides from attorneys who focus exclusively on California partition actions.
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