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
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
California Code of Civil Procedure 873.070 is the California partition statute that gives the partition referee or any party the authority to ask the court for referee duty instructions in a partition action: The referee or any party may, on noticed motion, petition the court for instructions concerning the referee’s duties under this title. California Code of … Read More
California Code of Civil Procedure 873.060 is the California partition statute that gives the partition referee authority to do what is necessary in a partition action: The referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court. California Code of Civil Procedure 873.060 This statute gives partition … Read More
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