CCP 872.510 Archives

How to Sell Property After Co-owner’s Death

When real property is held by a co-owner who has passed away, California law allowed the remaining co-owners to sell property by filing a partition action. This means that co-owners do not need to wait for a probate action to be filed or wait to find out who will be the successor trustee of the … Read More

Can a Partition Injunction Prevent a Foreclosure

Can a Partition Prevent a Foreclosure?

The threat of foreclosure poses a significant challenge for homeowners facing financial hardship and particular difficulty when a co-owner may be engaged in an active partition action. Amidst this uncertainty, injunctions emerge as a potential safeguard, offering homeowners a legal avenue to protect their property rights. A request for an injunction amidst a partition action … Read More

Do I Name a Lender in a Partition Action?

Deciding who to name in a partition complaint can be daunting for litigants and partition attorneys. California Code of Civil Procedure 872.510 provides as follows: “The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from an inspection of … Read More

What to Do When a Co-Owner Dies in a Partition Action [Form Template Example - Code of Civil Procedure 872.530(b)] Affidavit re Death of Co-Owner.jpg

What to Do When a Co-Owner Dies During or Before a Partition Action [Form Template Example – Code of Civil Procedure 872.530(b)]

Affidavit re: Death of Co-Owner [Sample] Co-owning real estate in California comes with many different challenges. If you’re ready to sell but your co-owner refuses, a partition action is the only court-ordered way to force the sale of property. Litigants in partition actions may find themselves in the unfortunate situation of having to declare that … Read More

Code of Civil Procedure 874.225 – Claim in Property of Person Not a Party to Action; Effect of Judgment; Conditions (Partition Actions)

California Code of Civil Procedure 874.225 is the California partition statute that states that someone who is not a party to the partition action is not affected by the judgment so long as certain conditions are satisfied. The statute provides that: Except to the extent provided in Section 1908, the judgment does not affect a claim in … Read More

Service by Publication in a Partition Action – Everything You Need to Know

Partition actions in California sometimes involve co-owners who cannot be located. The law allows for service by publication to ensure that a partition attorney in California can end the co-ownership dispute through a judgment of partition, which generally involves a partition by sale. Below, we explain how to name and serve defendants by publication when … Read More

Code of Civil Procedure 872.520 CCP – Names and Nature of Interest Unknown; Statement in Complaint; Orders (Partition Actions)

California Code of Civil Procedure 872.520 is the California partition statute that adds to California Code of Civil Procedure 872.510 by further explaining the requirement of joining defendants or ownership interests that are unknown. This section provides as follows: (a) If the name of a person described in Section 872.510 is not known to the plaintiff, the … Read More

California Code of Civil Procedure 872.510 Joinder of Defendants

Code of Civil Procedure 872.510 CCP – Joinder of Defendants (Partition Actions)

California Code of Civil Procedure 872.510 is the California partition statute that explains who should be joined as a defendant in a partition action. The statute provides that: The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from … Read More

Code of Civil Procedure 872.630. Liens; Status and Priority (Partition Actions)

California Code of Civil Procedure 872.630 is the California partition statute that describes how the court addresses liens, including their status and priority, in a partition lawsuit. The statute provides that: (a) To the extent necessary to grant the relief sought or other appropriate relief, the court shall determine the status and priority of all … Read More

Code of Civil Procedure 872.530 CCP – Personal Representatives; Joinder; Affidavits (Partition Actions)

California Code of Civil Procedure 872.530 is the California partition statute that outlines how to file a partition action against a co-owner who is deceased or believed to be deceased. The statute further describes what should be done if a deceased party’s personal representative is known or unknown as follows: (a) If a person described in Section … Read More