Partition Archives

Demurrers Under Sham Pleading Doctrine and Truthful Pleading Requirement

In California real estate litigation a demurrer is proper where: “The pleading does not state facts sufficient to constitute a cause of action.” Code Civ. Proc. § 430.10(e). Indeed: “A general demurrer may be effective where there appears to be no legal authority for plaintiff’s claim.” Demurrers, Cal. Prac. Guide Civ. Pro. Before Trial Ch. … Read More

Uniform Partition of Heirs Property Act Definitions CCP 874.312

Uniform Partition of Heirs Property Act in California (2022)

The Uniform Partition of Heirs Property Act (UPHPA) was a law that was enacted January 1, 2022. It was originally introduced into California’s legislature as Assembly Bill No. 633 and was signed by Governor Gavin Newsom signed in July 2021. The UPHPA provided defendants in a partition action added opportunities to buy out their co-owners. … Read More

What Does It Mean to Partition a Property?

In California real estate, partitioning a property refers to the legal process of equitably dividing or splitting a jointly owned property among its co-owners. This division is typically pursued when there are disputes, disagreements, or conflicting interests among the co-owners about how the property should be used, managed, or disposed of. Partition actions are often … Read More

Can a Partition Action Be Stopped in California?

How to Stop a Partition Action Generally, the right to a partition action is absolute, meaning that the right to partition a property is achievable by any co-owner, no matter how small or large their interest in the property may be. Once filed with the courts, a partition action cannot be “stopped” by a party … Read More

I Own 33% of a Property. What Are My Rights?

Many co-owners with a minority interest in a property assume they have minimal rights. Fortunately for minority co-owners of property, they have many rights. Your Rights as a 33% Property Owner When it comes to California partition law, a minority co-owner in California real estate has the right to force the sale through a partition … Read More

When Do I Need a Partition Action?

Everything You Need to Know About California Partition Actions

How to Find the Right Partition Attorney

It is important to find the right attorney to represent you in a partition action. Indeed, co-owners in a partition action almost universally want the same thing: The best result in the least amount of time with the lowest attorney’s fees. To achieve these goals, look for the following signals that you’ve found the right … Read More

What Are the Pros and Cons of a Partition Action?

As there is with all decisions, there are upsides and downsides to a partition action. Partition actions can be a complicated process and there are many benefits and challenges to this legal process. Thus, it is very important to understand both the pros and cons of partition in order to help you determine if partition … Read More

Partition Action Forms [California Template Sample Example]

Each partition action presents unique challenges. However, all partition actions start with a complaint for partition, sometimes known as a petition to partition property, which is usually a partition by sale. We have provided free online forms for partition actions that should only be used in conjunction with a partition attorney in California. As the … Read More

What Happens in a Partition Action?

Steps in a Partition Action in California The first step in the partition action process is to file a complaint for partition of real property in the county in which the property is located. A lis pendens, also known as a notice of pendency of action, will then be recorded against the property. The lis pendens will remain … Read More