Interlocutory Judgment Archives

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

Code of Civil Procedure 874.315 Referees Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.315 CCP – Referees (Partition of Real Property Act)

California Code of Civil Procedure 874.315 is the California partition statute that sets forth the role of the referee in the Partition of Real Property Act. The statute states the following: If the court appoints referees pursuant to Section 873.010, each referee, in addition to any other requirements and disqualifications applicable to referees, shall be disinterested … 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

Personality Types of Co-owners in Partition Actions

While partition attorneys often focus on legal strategies, litigation also involves conflicts and dysfunction between personalities. With about 98% of partition actions that we handle settling before trial, these personality types often demand careful attention to ensure an optimal and expedient resolution. As shown below, certain dysfunctional personality traits require additional attention by parties to … Read More

Code of Civil Procedure 874.317 Cotenant buyout of interests Uniform Partition of Heirs Property Act

Code of Civil Procedure 874.317 CCP – Cotenant buyout of interests (Partition of Real Property Act)

California Code of Civil Procedure 874.317 is the California partition statute that sets forth the manner in which a co-owner of property can buy out the interests of the other co-owners once the fair market value of the property has been determined. In conjunction with the appraised valuation process under Code of Civil Procedure 874.316, … Read More

How to File a Partition Lawsuit

Filing a Partition Action Suit in California A partition action in California is the only court-ordered process to bring an end to co-ownership disputes by dividing real estate equitably among co-owners. California law allows for three manners of partition: partition in kind, partition by appraisal, and partition by sale. California partition statutes allow for all … Read More

Summers v. Superior Court (2018) Ownership Interests Determined Before Partition Judgment Entered

Summers v. Superior Court (2018) Ownership Interests Determined with Interlocutory Judgment of Partition

In the world of partition actions in California, lawyers have misunderstood the California Court of Appeal opinion in Summers v. Superior Court (2018) 24 Cal.App.5th 138 as meaning that the interests of parties in the proceeds of sale must be determined before the court can enter an interlocutory judgment for partition by sale. In reality, Summers … Read More

Personal Property in a Partition California Partition Lawyer Talkov Law

Partition of Personal Property

Personal Property in a Partition Action A partition action in California can certainly force the sale of jointly owned real property, but can it partition personal property, such as cars or artwork? This is a common question we are asked given our experience as California partition lawyers. Indeed, California law does allow for the partition … Read More

Terminating Sanctions for Document Fabrication in Federal Court

Federal courts have repeatedly found that terminating sanctions are appropriate when a party commits the cardinal sin of litigation since “fabricating evidence has been referred to as the most egregious misconduct which justifies a finding of fraud upon the Court.” Kenno v. Colorado’s Governor’s Off. of Info. Tech., 2021 WL 2682619, at *19 (D. Colo. June … Read More

11 USC 522(o) – Homestead Exemption Limitations in Bankruptcy

In bankruptcy, creditors can allege that debtors should lose the part of their homestead exemption that is allegedly “attributable to” an “intent to hinder, delay, or defraud a creditor” under 11 U.S.C. § 522(o). This is particularly important given the recent increase in California’s homestead exemption effective January 1, 2021, which is now as high … Read More