CCP 874.311

Is Waiver a Defense Under the Partition of Real Property Act?

The enactment of the Partition of Real Property Act has introduced an interesting legal question regarding whether a waiver of partition may be implied when tenants in common are subject to the Act. This issue is particularly relevant given that partition rights are generally considered absolute unless expressly waived by an enforceable agreement. The Partition … Read More

Code of Civil Procedure 874.313 Applicability Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.313 CCP – Applicability; relation to other laws (Partition of Real Property Act)

California Code of Civil Procedure 874.313 is the California partition statute that sets forth the applicability of the Partition of Real Property Act. (a) In an action to partition real property, the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record.(b) This chapter supplements the other provisions … Read More

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				Scott is extremely knowledgeable, focused on his clients’ needs and clearly California's #1 Partition Law attorney. He is very generous with his time and candid in his assessment and approach to the matter all while being focused on a resolution and result that is fair, equitable and achievable. I was in good hands every step of the way.
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Jackson X
				First time seeking legal counsel and was fortunate to come across Talkov Law. I was blessed with Olivia Dajee as my attorney and had a fantastic experience. Olivia and the Talkov Law team wastes no time and gets things done quick! Very professional and patient to answer all my questions and concerns. I will recommend them to everyone I know.
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LiG BZd
				I want to give Scott a good review because he gave me a lot of honest advice and opinion. It is a difficult case since it goes back some 18 years. He spent a lot of time going over the details of my particular messy situation. I really appreciate that. Thank you for everything!
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Sheryll Vanderhooft
				Olivia Dajee and the attorneys at Talkov Law were very helpful in representing me in a partition case that could have easily become much more complicated. They were knowledgeable, excellent at communication, and were able to sell my property quickly and efficiently without court intervention. I highly recommend Talkov Law to anyone searching for a reliable real estate partition attorney!
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Pauline Dietz
				Took longer then I had anticipated. Then again this is my first time. Thank Ferdeza for being patient with me and David! I'd like to thank everyone at Talkov Law for taking on my case. I had no money to put down a retainer. But you all took my case anyway Thank you Jesus
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Vincent Velazquez
				This law firm is very professional and exceptionally critical when handling a case. My experience with them was straightforward and reasonable. Collen Sparks was a professional attorney that knew her job very well. Her interpersonal skills within client communication made me feel at ease during stressful times and her knowledge facilitated good results in the end.
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Richie Wisneski
				I had a real estate issue and contacted Talkov Law. Within minutes Scott contacted me. He was very professional and extremely knowledgeable. I feel extremely indebted for the help he provided. 5 stars definitely isn't enough. I would recommend Scott without any doubt he would meet your attorney needs. Thank you again Scott.
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Rishab Dudhia
				Mr. Scott was very knowledgeable about the topic and clearly answered all of my questions and took his time to make sure that I understood everything he was saying. He seemed to really care about our case and gave clear advice on what our next steps should be. I definitely recommend going to him for consultation.
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Christine Amperano
				I was provided with excellent service and sound legal advice to navigate through my pending legal issues. I am so thankful to find Scott during my situation.  He is very knowledgeable and is the best at what he does.  I will be recommending him to many people in the future.
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