right to partition

Partition of Real Property Act – California – The Ultimate Guide

What is the Partition of Real Property Act (Formerly Known as the Uniform Partition of Heirs Property Act (UPHPA)) in California? The Partition of Real Property Act is a new bill that went into effect on January 1, 2023 which replaces the Uniform Partition of Heirs Property Act. California is the first state to enact … Read More

Can my co-owner contest a partition action

Can my Co-owner Contest a Partition in California?

Can my co-owner contest a partition? When one co-owner wants to initiate a partition action, a common concern that we hear as partition attorneys is whether the other co-owner can contest the partition. The short answer is that your co-owner can contest anything they want; the real issue is whether they will succeed. In some ways, a … Read More

What is a partition action in California

What is a Partition Action in California?

Real Estate Partition Definition in California A partition action is a court-ordered equitable division of property. When one or more co-owners disagrees on what to do with a co-owned property, a partition action can be started to force the sale of the subject property. This definition of a real estate partition shows how a partition … Read More

Evicting a Sibling from an Inherited House Real Estate Attorney

Evicting a Sibling from an Inherited House in California

Inheriting a Home with Siblings in California It is extremely common for family members to pass down real estate to younger generations. Parents, grandparents, aunts, uncles, and other family members may choose to leave their valuable California real estate assets to family members they know and love. Commonly, siblings inherit a home together from a … Read More

Summers v. Superior Court (2018) Ownership Interests Determined Before Partition Judgment Entered

Summers v. Superior Court (2018) Ownership Interests Determined with Interlocutory Judgment of Partition

In the world of partition actions in California, lawyers have misunderstood the California Court of Appeal opinion in Summers v. Superior Court (2018) 24 Cal. App. 5th 138 as meaning that the interests of parties in the proceeds of sale must be determined before the court can enter an interlocutory judgment for partition by sale. In … Read More

Forcing the Sale of Inherited House in California

Forcing the Sale of an Inherited House in California

Can I Force the Sale of Inherited Property? Understanding exactly what to do after a close family member passes away is one of the most difficult things someone can go through. Before asking whether both owners have to sign to sell a house, a whirlwind of confusion and sadness makes decision making near impossible, especially … Read More

How to Win a Partition Action in California

How to Win a Partition Action

The Tricks to Winning a Partition Action in California A partition action is the only court process in California to end disputes when parties are co-owners (also known as co-tenants) of real property. Indeed, the court must divide the real estate equitably among its co-owners so long as a partition is found to be appropriate.[1]California … Read More

Absolute Right to Partition in California Talkov Law

Absolute Right to Partition in California

One of the most common questions raised by co-owners of real property in California is how to force the sale of the property when the co-owners do not agree. California Code of Civil Procedure Section 872.210 allows a co-owner to sell co-owned property, even if the other co owner does not consent to the sale, … Read More

CCP 872.710 Right of Plaintiff to Partition; Concurrent Interests; Successive Estates Talkov Law

Code of Civil Procedure 872.710 CCP – Right of Plaintiff to Partition; Concurrent Interests; Successive Estates (Partition Actions)

California Code of Civil Procedure 872.710 is the California partition statute that governs the right to partition in California. The statute provides that: (a) At the trial, the court shall determine whether the plaintiff has the right to partition. (b) Except as provided in Section 872.730, partition as to concurrent interests in the property shall … Read More

CCP 872.210 Persons Authorized Partition Lawyer Attorney

Code of Civil Procedure 872.210 CCP – Persons authorized (Commencement of Partition)

California Code of Civil Procedure 872.210 is the California partition statute that specifies who is authorized to commence a partition action. The statute provides that: (a) A partition action may be commenced and maintained by any of the following persons: (1) A coowner of personal property. (2) An owner of an estate of inheritance, an estate for life, … Read More

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