California Code of Civil Procedure 873.745 is the California partition statute that gives the court authority to fix, limit, or divide agents’ commissions. The statute provides that: The amount of agents’ commissions on the sale, if any, shall be fixed by the court and divided or limited in the manner provided for private sales of … Read More
California Code of Civil Procedure 874.110 is the California partition statute that explains that costs of a partition action may be ordered to be paid before a final disbursement to the parties is made. The statute provides that: (a) The costs of partition as apportioned by the court may be ordered paid in whole or in part … Read More
California Code of Civil Procedure 874.225 is the California partition statute that states that someone who is not a party to the partition action is not affected by the judgment so long as certain conditions are satisfied. The statute provides that: Except to the extent provided in Section 1908, the judgment does not affect a claim in … Read More
California Code of Civil Procedure 874.240 is the California partition statute that solidifies a conveyance or transfer in the same way a judgment would: A conveyance or transfer pursuant to Sections 873.750 and 873.790 or Section 873.960 is binding and conclusive, in the same manner as a judgment. California Code of Civil Procedure § 874.240 Conveyance … Read More
Am I Entitled to a Partition? California law generally allows any co-owner of a jointly owned property to force the sale of the property through a partition action. Partition actions are so favorable to public policy that the “right to partition is absolute.” [1]Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325. However, there are … Read More
Many co-owners of jointly owned property who are seeking a partition action worry about the issue of capital gains and related tax implications. In other words, they are concerned that ending their co-ownership relationship by forcing the sale of jointly owned property may result in immediate taxes on the profits (gains) from the sale of … Read More
In the course of a partition lawsuit, many litigants start to question what the cost of a partition action should be. In particular, many are wary of the cost of a partition referee and believe the referee costs may eat up much of the proceeds of sale. The experienced partition attorneys at Talkov Law know … Read More
A partition action is a lawsuit that forces the sale or division of jointly owned real property. The court will equitably divide the interests of all the co-owners even if one or more co-owners does not agree to the sale or division. This division generally involves division of the proceeds of sale. What is Partition … Read More
In a California partition action, certain partition offsets may be recoverable where one party made a unequal contribution to the property. Indeed, the rule is that: “The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity.” [1]California Code of Civil Procedure § … Read More
Which Courthouse Should a Partition Action be Filed? Determining venue is one of the most basic requirements in a lawsuit. Venue establishes the county court in which the dispute will be heard. In a partition action, proper venue is generally the county in which at least one parcel of co-owned real property is located. Specifically, … Read More
For select matters, payment can be deferred until resolution, with monthly billing also available.
Offices Throughout California
Los Angeles Partition Attorneys
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
Orange County Partition Attorneys
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800
San Jose Partition Attorneys
99 S. Almaden Blvd Suite 600
San Jose, CA 95113
Phone: (408) 777-6800
San Diego Partition Attorneys
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300
San Francisco Partition Attorneys
50 California St, Ste 1500
San Francisco, CA 94111
Phone: (415) 966-3300
Riverside Partition Attorneys
3610 Central Ave, Ste 400
Riverside, CA 92506
Phone: (951) 888-3300
Sacramento Partition Attorneys
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300
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