Interlocutory Judgment Archives

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

Deed to Sever Joint Tenancy California Partition Attorney

How to Sever Joint Tenancy in California [Form Template Sample Example]

California law allows joint tenants to sever the joint tenancy so their interest will pass under the laws of probate, meaning their partial interest in real estate will go to their heirs, e.g., their spouse or children. In fact, when a joint tenant in California dies, their interest in California real estate becomes owned by … Read More

Willmon v. Koyer (1914) 168 Cal. 369 – Compensatory Adjustments in Partition Actions

Partition actions in California are legal proceedings that allow co-owners of real estate to divide and distribute the property among themselves. However, partition actions can be a source of conflict and dispute when co-owners are not able to agree on how to divide the property. This was the case for Willmon v. Koyer in 1914, … 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

Code of Civil Procedure 874.210 – Persons Bound by Judgment (Partition Actions)

California Code of Civil Procedure 874.210 is the California partition statute explaining the binding legal effect of a partition judgment as follows: The judgment in the action is binding and conclusive on all of the following: (a) All persons known and unknown who were parties to the action and who have or claim any interest in the … 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

Code of Civil Procedure 872.630. Liens; Status and Priority (Partition Actions)

California Code of Civil Procedure 872.630 is the California partition statute that describes how the court addresses liens, including their status and priority, in a partition lawsuit. The statute provides that: (a) To the extent necessary to grant the relief sought or other appropriate relief, the court shall determine the status and priority of all … Read More

Hunter v. Schultz - Offset for Rental Value Against Co-Owner in Possession

Offsets for Rental Value Against Co-Owners in Sole Possession – Hunter v. Schultz – California Partition Actions

One of the most common disputes in a partition action arise when the co-owner in sole possession has also been paying all of the expenses. That co-owner often believes that they will collect all of their expenses in an accounting in a partition action. Effectively, the issue is whether the co-owner out of possession can … Read More

Code of Civil Procedure 874.316 Determiniation of fair market value, notice Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.316 CCP – Determination of fair market value; notice (Partition of Real Property Act)

California Code of Civil Procedure 874.316 is the California partition statute that sets forth the manner in which the fair market value of the property. In conjunction with a co-owner buyout of interests under Code of Civil Procedure 874.317, these statutes form the essence of the Partition of Real Property Act. Talkov Law has developed … Read More