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 873.060 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
Courts allow for issues relating to co-ownership to be heard in the partition action California Code of Civil Procedure 872.610 states that “The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.” “This is true at least so far as the issues relate to … Read More
California Code of Civil Procedure 873.850 is the California partition statute that allows the court to allocate the proceeds of sale through an accounting of offsets, inclusions, and other claims between the parties. The statute provides that: The court shall order the proceeds of sale and any security therefor to be paid, transferred, deposited in … Read More
California Code of Civil Procedure 873.850 is the California partition statute that allows the court to allocate the proceeds of sale through an accounting of offsets, inclusions, and other claims between the parties. The statute provides that: When the proceeds of the sale belonging to persons who are parties to the action, whether known or … Read More
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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