CCP 564

Do I Have to Sue my Family Member with Partition Action to Obtain my Share of the Inherited Property

Do I Have to Sue my Family Member to Obtain my Share of the Inherited Property?

It is common for family dynamics to be strained after inheriting real estate because many co-owners are unable to agree on how to manage the property. A co-owner may want to move into the property despite only inheriting 50% and the other co-owners, each holding 25% may want to sell the property and take the … Read More

Can I Partition a Rental Property With Tenants

Can I Partition a Rental Property With Tenants?

An investment property with tenants can be partitioned, but some unique issues can arise during a partition of a tenant-occupied property. These cases can involve rented single-family homes, or they can be the partition of commercial properties, including apartments, office buildings, or industrial properties. When a rental property becomes the subject of a partition action, … Read More

What is a Receiver in a Partition Action

What is a Receiver in a Partition Action?

Throughout the course of a partition action, there may come a time when the appointment of a receiver is requested by one of the co-owners. While some parties use the term receiver to mean a partition referee, this blog uses the term receiver in the broadest context as it used throughout the law. But what … Read More

Are There Any Specific Rules for Partitioning Agricultural Land

Are There Any Specific Rules for Partitioning Agricultural Land?

Different types of land can bring different challenges in a partition action. Agricultural land is no exception. This is especially true given the diverse agricultural industries throughout California, producing nearly $50 billion in revenue in 2018 alone, shown below: Unique Aspects of Agricultural Partition Actions Due to the unique nature of farmland and the variation … Read More

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