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, which forms the essence of the Partition of Real Property Act. Code of Civil Procedure 874.317 states the following: (a) If any cotenant requested … Read More
How Does Partition by Appraisal Work in California law? A partition action in California is a 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 by sale, partition in kind, and partition by appraisal. While partition by sale is … Read More
California law provides for 3 distinct types of partition actions: 1) Partition by Sale, 2) Partition in Kind, and 3) Partition by Appraisal.[1]California Code of Civil Procedure 872.810 – 872.840 By far the most common form is a partition by sale, followed by a partition by division (in kind) and a partition by appraisal. As … Read More
California Code of Civil Procedure 874.010 is the California partition statute that allows the court to order certain costs of the partition to be allowed and apportioned between the parties. The statute provides that: The costs of partition include: (a) Reasonable attorney’s fees incurred or paid by a party for the common benefit. (b) The … Read More
California Code of Civil Procedure 873.910 is the California partition statute that allows the court to order a manner of partition known as a partition by appraisal, but only when “the parties…agree” to such a remedy. The statute provides that: When the interests of all parties are undisputed or have been adjudicated, the parties may … Read More
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