When relationships sour and one party wants out of a co-ownership relationship by way of a partition action, the other party may feel betrayed and outraged. These feelings of resentment often manifest themselves in legal proceedings as defendants are quick to claim just about anything to try to delay the inevitable sale of the property … Read More
Can my co-owner contest a partition? When one co-owner wants to initiate a partition action, a common concern that we hear as partition attorneys is whether the other co-owner can contest the partition. The short answer is that your co-owner can contest anything they want; the real issue is whether they will succeed. In some ways, a … Read More
Answer to a Partition Action Complaint in California When an action for partition is filed, the opposing party has an opportunity to respond to this action by filing an answer. An answer to a partition action is a pleading by the defendant in response to the plaintiff’s complaint for partition. In the answer, defendants have … Read More
The Tricks to Winning a Partition Action in California A partition action is the only court process in California to end disputes when parties are co-owners (also known as co-tenants) of real property. Indeed, the court must divide the real estate equitably among its co-owners so long as a partition is found to be appropriate.[1]California … 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 allows a co-owner to sell co-owned property, even if the other co owner does not consent to the sale, … Read More
California Code of Civil Procedure 872.710 is the California partition statute that governs the right to partition in California. The statute provides that: (a) At the trial, the court shall determine whether the plaintiff has the right to partition. (b) Except as provided in Section 872.730, partition as to concurrent interests in the property shall … 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
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