California Code of Civil Procedure 873.040 is the California partition statute that explains that all parties (or if a party is a minor, the conservator of the minor’s estate) should consent to the appointment of a partition referee. If the parties cannot agree, the court has discretion to appoint a referee. The statute provides that: … Read More
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
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
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