CCP 872.120

How to Get a Default Judgment in Partition Action

How to Get a Default Judgment in Partition Action

When defendants in a partition action ignore the summons and complaint, the plaintiff is entitled to obtain a default judgment ordering that the property be partitioned, usually by a forced sale. Indeed, some co-owners fail to respond to attempts to discuss the use, management, or sale of the property. When this occurs out of court, … 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

Can a person move into my jointly owned home without my permission

Can a Person Move Into My Jointly Owned Home Without My Permission?

Access rights to jointly owned property A common issue with co-ownership is whether the co-owners can allow third parties to move into the property as roommates. For example, perhaps your co-owner decides to rent out an extra room. Or perhaps they allow their boyfriend or girlfriend to move in. Or maybe they allow an unwanted family member … Read More

Co-Owner's Rights to Lease and Evict Tenants

Can One Owner Lease Out Property that is Jointly Owned?

A common issue with co-ownership is how to manage rented property. Notably, many times only one of the co-owners allows a third party to lease the co-owned property without the consent or over the objection of the other co-owners. As explained below, the law is that each co-owner may lease the property, but doing so … Read More

Code of Civil Procedure 873.060 Authority of Referee in Partition Actions

Code of Civil Procedure 873.060 – Authority of Referee (Partition Actions)

California Code of Civil Procedure 873.060 is the California partition statute that gives the partition referee authority to do what is necessary in a partition action: The referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court. California Code of Civil Procedure 873.060 This statute gives partition … Read More

Evicting a Sibling from an Inherited House Real Estate Attorney

Evicting a Sibling from an Inherited House in California

Inheriting a Home with Siblings in California It is extremely common for family members to pass down real estate to younger generations. Parents, grandparents, aunts, uncles, and other family members may choose to leave their valuable California real estate assets to family members they know and love. Commonly, siblings inherit a home together from a … Read More

CCP 872.130 Restraining orders and injunctions; bonds; purpose Talkov Law

Code of Civil Procedure 872.130 CCP – Restraining Orders and Injunctions; Bonds; Purpose (Partition Actions)

California Code of Civil Procedure 872.130 is the California partition statute that allows the court to issue restraining orders and injunctions related to the partition. The statute provides that: In the conduct of the action, the court may issue temporary restraining orders and injunctions, with or without bond, for the purpose of: (a) Preventing waste. … Read More

CCP 872.120 Motions, reports, and accounts; hearing and determination; decrees and orders Talkov Law

Code of Civil Procedure 872.120 CCP – Motions, Reports and Accounts; Hearing and Determination; Decrees and Orders (Partition Actions)

California Code of Civil Procedure 872.120 is the California partition statute that allows the court to have broad powers to effectuate its orders to ensure cooperation of the parties. The statute provides that: In the conduct of the action, the court may hear and determine all motions, reports, and accounts and may make any decrees … Read More

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