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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...

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 property, where the rights of unsecured creditors of the partnership will not be prejudiced.

California Code of Civil Procedure 872.730

This section is an exception to California Code of Civil Procedure 872.710, which governs the right to partition in co-ownership situations in which the property is held in tenancy in partnership. If the property is held in partnership, this code “codifies prior case law to the effect that partition is an appropriate remedy where the affairs of the partnership are otherwise sufficiently settled and what remains is the division or sale of the property.” ^[1]Code Civ. Proc., § 872.730; see, e.g., Hughes v. Devlin, 23 Cal. 501 (1863); Logoluso v. Logoluso, 233 Cal.App.2d 523, 43 Cal.Rptr. 678 (1965).

Contact an Experienced Partition Attorney in California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568) or fill out a contact form online.

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...

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 party shall give not less than 10 days’ notice of motion to:

(1) The purchaser if the purchaser is not the moving party; and

(2) All other parties who have appeared in the action.

California Code of Civil Procedure 873.720

This statute gives the purchaser of the property, the partition referee, and parties to the partition action the authority to confirm or set aside the sale. They must then notify the purchaser, so long as they are not the one moving the court to confirm or set aside the sale, and all other parties of their intent in no less than 10 days.

Contact an Experienced Partition Attorney in California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568) or fill out a contact form online.

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...

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 property,” naming them in that manner.

California Code of Civil Procedure 872.550

It can be difficult to name any and all parties who may claim to have an interest in a property, especially when the property has been passed down for generations, there is a long and complicated title history, or there is clouded title. This statute allows plaintiffs to join any unknown person who has an interest in the party without requiring they be named individually. Thereafter, service by publication will be required under Code of Civil Procedure § 872.320 and Code of Civil Procedure § 872.330.

Contact an Experienced Partition Attorney in California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568) or fill out a contact form online.

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...

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 this has been done and designate a place where it will be kept for inspection, use, and copying by the parties.

(b) The court may, upon application of a party, authorize the party to procure a title report and shall designate a place where it shall be kept for inspection, use, and copying by the parties.

California Code of Civil Procedure 872.220

The statute allows for a plaintiff to obtain a title report before initiating the partition action or, in the alternative, for the court to authorize either party to obtain a title report. Once the report has been obtained, all parties will have access to it throughout the partition action.

Contact an Experienced Partition Attorney in California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568) or fill out a contact form online.

California Code of Civil Procedure 872.520 is the California partition statute that adds to California Code of Civil Procedure 872.510 by further explaining the requirement of joining defendants or ownership interests that are unknown. This section provides as follows: (a) If the name of a person described in Section 872.510 is not known to the plaintiff, the ... Read...

California Code of Civil Procedure 872.520 is the California partition statute that adds to California Code of Civil Procedure 872.510 by further explaining the requirement of joining defendants or ownership interests that are unknown. This section provides as follows:

(a) If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550.

(b) If the ownership or the share or quantity of the interest of a person described in Section 872.510 is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained person or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to ownership of the interest had the contingency upon which the right of such person depends occurred prior to the commencement of the action.

(c) The court shall upon its own motion or upon motion of any party make such orders for joinder of additional parties and for appointment of guardians ad litem pursuant to Sections 372, 373, and 373.5 as are necessary or proper.

Code of Civil Procedure 872.520

This statute requires all unknown parties, in addition to known parties, to be joined in the complaint. The word “if” means that this provision is only required “if” there are unknown parties sought to be bound by the judgment.

Contact an Experienced Partition Attorney in California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568) or fill out a contact form online.

California Code of Civil Procedure 872.510 is the California partition statute that explains who should be joined as a defendant in a partition action. The statute provides that: The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from ... Read...

California Code of Civil Procedure 872.510 is the California partition statute that explains who should be joined as a defendant in a partition action. The statute provides that:

The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from an inspection of the property, in the estate as to which partition is sought.

California Code of Civil Procedure 872.510

This statute requires that anyone who has or claims to have an interest in a property shall be joined in the partition action.

Contact an Experienced Partition Attorney in California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568) or fill out a contact form online.

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