CCP 872.720

Bogus Claims that a Co-Owner is “Merely a Co-Signer” in Partition Actions

Partition Defendants Alleging that their Co-Owner is Only a Co-Borrower Have an Uphill Legal Battle Partition actions sometimes involve disputes over the ownership of the property. This is important due to the requirement that an interlocutory judgment of partition find “the interests of the parties in the property….” Code Civ. Proc. § 872.720(a). This refers … Read More

Interlocutory Judgment of Partition by Sale in California

Interlocutory Judgment of Partition by Sale – The Two Phases of a Partition in California

The independent nature of the statutorily required “interlocutory judgment” in a California partition action is rarely seen among civil litigation judgments, which may cause confusion among those who are not familiar with partition law. Generally, a case has only one judgment, and that judgment answers all issues in the case. Even if that judgment is … Read More

Summers v. Superior Court (2018) Ownership Interests Determined Before Partition Judgment Entered

Summers v. Superior Court (2018) Ownership Interests Determined with Interlocutory Judgment of Partition

In the world of partition actions in California, lawyers have misunderstood the California Court of Appeal opinion in Summers v. Superior Court (2018) 24 Cal. App. 5th 138 as meaning that the interests of parties in the proceeds of sale must be determined before the court can enter an interlocutory judgment for partition by sale. In … Read More

Code of Civil Procedure 872.720 CCP – Interlocutory Judgment of Partition (Partition Actions)

California Code of Civil Procedure 872.720 is the California partition statute that allows the court to enter an interlocutory judgment of partition, thereby finding that a partition will be entered in the case. The statute provides that: (a) If the court finds that the plaintiff is entitled to partition, it shall make an interlocutory judgment that … Read More

Recovery of Offsets for Attorney's Fees Talkov Law

Partition Offsets and Accounting in California

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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