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Partition

Code of Civil Procedure 874.210 - Persons Bound by Judgment (Partition Actions)

Code of Civil Procedure 874.210 – Persons Bound by Judgment (Partition Actions)

California Code of Civil Procedure 874.210 is the California partition statute explaining the binding legal effect of a partition judgment as follows: The judgment in the action is binding and conclusive on all of the following: (a) All persons known and unknown who were parties to the action and who have or claim any interest in the … Read More

Code of Civil Procedure 873.690 – Ineligible Purchasers; Bona Fide Purchaser (Partition Actions)

California Code of Civil Procedure 873.690 is the California partition statute that states who is ineligible to purchase the subject property in a partition action: (a) The following persons shall not purchase property sold in the action directly or indirectly: (1) The referee.(2) The attorney of a party.(3) The guardian or conservator of a party, unless for … Read More

Code of Civil Procedure 873.930 CCP – Agreement; Application for Approval (Partition Actions)

California Code of Civil Procedure 873.930 is the California partition statute that allows parties to submit an agreement to the court and gives the court authority to approve that agreement in a partition by appraisal: (a) Any party to the agreement may, upon noticed motion, apply to the court for approval of the agreement. (b) If the court determines … Read More

Code of Civil Procedure 873.950 Motion to Confirm, Modify, or Set Aside Report

Code of Civil Procedure 873.940 CCP – Referees; Appointment; Report (Partition Actions)

California Code of Civil Procedure 873.940 is the California partition statute that allows the court to appoint referees in a partition by appraisal: The court shall appoint one referee or, if provided in the agreement, three referees to appraise the property and the interests involved. The referee shall report the valuations and other findings to the court … Read More

Code of Civil Procedure 873.950 CCP – Motion to Confirm, Modify or Set Aside Report (Partition Actions)

California Code of Civil Procedure 873.950 is the California partition statute that allows parties or the partition referee to confirm, modify, or set aside the report in a partition by appraisal: Any party to the agreement or the referee, upon 10 days’ notice to the referee if the referee is not the moving party and to the … Read More

Code of Civil Procedure 873.290 Confirmation Modification or Setting Aside Report, Hearing, Entry of Judgment in Partition Actions

Code of Civil Procedure 873.290 CCP – Confirmation, Modification or Setting Aside Report; Hearing; Entry of Judgment (Partition In Kind)

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

Code-of-Civil-Procedure-872.730-Application-to-Partnerships

Code of Civil Procedure 872.730 CCP – Application to Partnerships (Partition Actions)

California Code of Civil Procedure 872.730 is the California partition statute that explains partition as a remedy in partnerships: To the extent that the court determines that the provisions of this title are a suitable remedy, such provisions may be applied in a proceeding for partnership accounting and dissolution, or in an action for partition of partnership … Read More

Code of Civil Procedure 873.720 CCP – Confirmation of or Setting Aside Sale; Motion; Notice (Partition Actions)

California Code of Civil Procedure 873.720 is the California partition statute that allows a party to confirm or set aside the sale of the property in a partition action. The statute provides that: (a) A purchaser, the referee, or any party may move the court to confirm or set aside the sale. (b) The moving … Read More

California Code of Civil Procedure 873.720 Confirmation of or Setting Aside Sale, Motion, Notice in Partition Actions

Code of Civil Procedure 872.550 CCP – Joinder of All Persons Unknown Claiming Any Interest (Partition Actions)

California Code of Civil Procedure 872.550 is the California partition statute that allows a plaintiff to join all parties, including unknown parties, in a partition action. The statute provides that: Where partition is sought as to all interests in the property, the plaintiff may join as defendants “all persons unknown claiming any interest in the … Read More

Code of Civil Procedure 872.220 CCP – Title Report (Partition Actions)

California Code of Civil Procedure 872.220 is the California partition statute that explains how a title report will be obtained in a partition action. The statute provides that: If it is necessary to have a title report: (a) The plaintiff may, prior to commencing the action, procure a title report and shall in the complaint indicate … Read More

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