CCP 872.720 Archives

How to Get a Default Judgment in Partition Action

When defendants in a partition action ignore the summons and complaint, the plaintiff is entitled to obtain a default judgment ordering that the property be partitioned, usually by a forced sale. Indeed, some co-owners fail to respond to attempts to discuss the use, management, or sale of the property. When this occurs out of court, … Read More

Should I Tell My Co-owner That I Am Suing Them for Partition?

Generally, no, it is not best to informally notify your co-owner that you have hired an attorney to file a lawsuit for partition of the co-owned real property. The general reason that co-owners ask if they should inform their co-owners that they are filing for partition is some perceived moral obligation to provide informal notice … Read More

Partition Referee Reports on Offsets and Accounting Talkov Law Partition Attorneys

Partition Referee Reports on Offsets & Accounting

Other than forcing the sale of the property through an interlocutory judgment under CCP § 872.720, perhaps the most hotly contested issues in a California partition action are the offsets whereby one co-owner alleges that they have paid more than their fractional share of costs for the property, thereby seeking to recover an excessive down … Read More

Am I Entitled to a Partition Action Attorney Lawyer

Can I File a Partition Action?

Am I Entitled to a Partition? California law generally allows any co-owner of a jointly owned property to force the sale of the property through a partition action. Partition actions are so favorable to public policy that the “right to partition is absolute.” [1]Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325. However, there are … Read More

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 reality, Summers … Read More

Code of Civil Procedure 872.810 CCP – Division in Accordance with Interests (Manner of Partition)

California Code of Civil Procedure 872.810 is the California partition statute that provides for the manner of partition to be the manner set forth in the interlocutory judgment of partition, i.e., partition in kind vs. partition by sale. The statute provides that: The court shall order that the property be divided among the parties in … Read More

Code of Civil Procedure 872.820 Sale of Property Division of Proceeds Manner of Partition

Code of Civil Procedure 872.820 CCP – Sale of Property; Division of Proceeds (Manner of Partition)

California Code of Civil Procedure 872.820 is the California partition statute that provides for the manner of partition to be partition by sale so long as it would be more equitable than partition in kind. The statute provides that: Notwithstanding Section 872.810, the court shall order that the property be sold and the proceeds be divided … Read More

CCP 873.010 Appointment; power and duty of court Talkov Law

Code of Civil Procedure 873.010 CCP – Appointment; power and duty of court (Partition Actions)

California Code of Civil Procedure 873.010 is the California partition statute that describes the power and duty of a partition referee as appointed by the court. The statute provides that: (a) The court shall appoint a referee to divide or sell the property as ordered by the court.(b) The court may: (1) Determine whether a … Read More