State of Title Archives

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

Code of Civil Procedure 873.630 CCP – Credit Sales (Partition Actions)

California Code of Civil Procedure 873.630 is the California partition statute that authorizes the court to direct a sale through credit. The statute allows the court to prescribe the terms of the credit and the security instrument used. The statute provides that: The court may: (a) Direct a sale on credit for the property or … Read More

Code of Civil Procedure 872.410 CCP – Contents (Answer in Partition Actions)

California Code of Civil Procedure 872.410 is the California partition statute that provides for the contents of the answer to a complaint for partition. The statute provides that: The answer shall set forth: (a) Any interest the defendant has or claims in the property. (b) Any facts tending to controvert such material allegations of the complaint as … Read More

Rights Determinable in a Partition Action

Courts allow for issues relating to co-ownership to be heard in the partition action California Code of Civil Procedure 872.610 states that “The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.” “This is true at least so far as the issues relate to … Read More

CCP 872.620 State of Title; Ascertainment Talkov Law

Code of Civil Procedure 872.620 CCP – State of the Title; Ascertainment (Partition Actions)

California Code of Civil Procedure 872.620 is the California partition statute that allows the court to decide the state of title as part of the partition action. The statute provides that: To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the … Read More