California Code of Civil Procedure 873.290 is the California partition statute that allows a party to confirm, modify, or set aside the referee’s report in a partition in kind: (a) Any party, upon notice to the other parties who have appeared, may move the court to confirm, modify, or set aside the report. (b) At the hearing, the court … Read More
California Code of Civil Procedure 873.240 is the California partition statute that describes how property will be physically divided in a partition lawsuit. The statute provides that: Where real property consists of more than one distinct lot or parcel, the property shall be divided by such lots or parcels without other internal division to the … Read More
California Code of Civil Procedure 874.318 is the California partition statute that explains partition alternatives under the California Partition of Real Property Act. The statute provides that: (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 874.317, or if after conclusion of the … Read More
California Code of Civil Procedure 873.210 is the California partition statute that describes how the partition referee will physically divide and distribute the property in relation to the parties’ interest in the property. The statute states: The referee appointed by the court to make a division of the property shall divide the property and allot … Read More
California Code of Civil Procedure 874.319 is the California partition statute that establishes whether or not a partition in kind would result in great prejudice to the cotenants of the property under the California Partition of Real Property Act. The statute states the following: (a) In determining whether partition in kind would result in great prejudice to the … Read More
How Does Partition in Kind Work in California Law? 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 by sale, partition by appraisal, and partition in kind. A partition in kind 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 872.840 is the California partition statute that provides for the partition of property subject to an express trust. The statute provides that: (a) Where the property or an interest therein is subject to an express trust, the court may, in its discretion, order that the property be sold. (b) Upon … Read More
California Code of Civil Procedure 872.830 is the California partition statute that provides for a rare manner of partition whereby part of the property is sold, while the remainder is divided in a partition in kind. The statute provides that: If, in making a determination whether sale would be more equitable than division of the … Read More
California Code of Civil Procedure 872.810 is the California partition statute that provides for the manner of partition to be the manner set forth in the interlocutory judgment of partition, i.e., partition in kind vs. partition by sale. The statute provides that: The court shall order that the property be divided among the parties in … Read More
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