California Code of Civil Procedure 872.230 is the California partition statute that specifies the requirement for the contents of the complaint in a partition action. The statute provides that: The complaint shall set forth:(a) A description of the property that is the subject of the action. In the case of tangible personal property, the description … Read More
California Code of Civil Procedure 872.210 is the California partition statute that specifies who is authorized to commence a partition action, concluding that all co-owners of real property can file a partition unless the property is marital community property. The statute provides that: (a) A partition action may be commenced and maintained by any of the … Read More
One of the most common questions raised by co-owners of real property in California is how to force the sale of the property when the co-owners do not agree. California Code of Civil Procedure Section 872.210 allow a co-owner to sell co-owned property, even if the other co owner does not consent to the sale, … Read More
How does a California Court decide Partition by Sale of Property Over Physical Division? One common dispute between co-owners is whether to partition the property by sale or physically divide the property, known as partition in kind. This article provides the advice of an experienced partition attorney in California on how courts decide between these two … Read More
Form Complaint for Partition in California If you co-own real estate in California, you know the headaches that can accompany the ownership of property by tenants-in-common or joint tenancy. Disputes often arise when owners disagree on the best use of the property. Perhaps one of the owners wants to sell, but the other one doesn’t … Read More
Receiving Your Equity When Forcing the Sale of a Home in California When co-owners of shared property in California cannot agree on what to do with a property, they may petition the court to force the sale of the property through a partition action. Very often, co-ownership issues go hand-in-hand with financial issues related to … Read More
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