Interlocutory Judgment Archives

Why is a Partition Action Needed?

A partition is often necessary because joint property ownership can swiftly transform from harmonious cohabitation to contentious disputes. Whether it’s the dissolution of a romantic partnership, irreconcilable differences in investment strategies, or disagreements over property usage, many co-owners find themselves looking for ways to end their co-ownership of real property. In such scenarios, where one … Read More

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

Affirmative Defenses Partition Action California Attorney Lawyer

Affirmative Defenses to a Partition Action in California

How Do You Beat a Partition Action? Experienced partition attorneys in California are often asked whether there are affirmative defenses to a partition under California law. Of course, every defendant wants to win a partition action. While some people may refer to these as affirmative defenses, it might be best to look them as ways … Read More

Will a Partition Sale Yield Fair Market Value for a Property?

Sometimes, co-owners wonder if their co-owned property will be sold for fair market value in a partition action, or whether the process will result in a below market sales price. There are many reasons that partition action sales conducted by a partition referee will generally result in the property being sold for fair market value, … Read More

SB 9 Lot Splits in a Partition Action

Prior to California’s enactment of SB 9, also known as the California HOME Act, a single-family home in a partition action would almost certainly be sold since division of the property would not be allowed under zoning laws requiring certain lot sizes. However, SB 9, which became effective in 2022, mandates that cities approve certain … Read More

Code of Civil Procedure § 874.140 (CCP) – Judgment for Unpaid Costs; Enforcement (Partition Action)

California Code of Civil Procedure 874.140 is the California partition statute that addresses how a judgment can be collected from a party in a partition action. The statute provides that: A judgment for unpaid costs of partition may be enforced by the person entitled to the costs in the manner provided for enforcement of money judgments … Read More

Code of Civil Procedure 874.130 CCP – Sale for Benefit of Lien Claimants (Costs of Partition)

California Code of Civil Procedure 874.130 is the California partition statute that gives the court the authority to order a judgment for the benefit of lien claimants after a partition. The statute provides that: Upon application of a person entitled to a lien imposed under this article and upon a showing of good cause, the … Read More

Code of Civil Procedure § 872.030 (CCP) – Civil Actions; Law Governing (Partition Action)

California Code of Civil Procedure 872.030 is the California partition statute that provides definitions for terms used throughout the code for partition actions in California. The statute provides that: The statutes and rules governing practice in civil actions generally apply to actions under this title except where they are inconsistent with the provisions of this … Read More

Code of Civil Procedure § 872.010 (CCP) – Definitions (Partition Action)

California Code of Civil Procedure 872.010 is the California partition statute that provides definitions for terms used throughout the code for partition actions in California. The statute provides that: As used in this title:(a) “Action” means an action for partition under this title.(b) “Lien” means a mortgage, deed of trust, or other security interest in … Read More

Code of Civil Procedure § 873.650 (CCP) – Contents of Notice of Sale (Partition Actions)

California Code of Civil Procedure 873.650 is the California partition statute that explains the content of a notice of sale in a partition action in California. The statute provides that: (a) The court shall prescribe the contents of the notice of sale, which shall include a description of the property, the time and place of … Read More