How does the court appraise the property (CCP § 874.316)? As was noted previously, the court shall order an appraisal of the property once it determines that the parties are entitled to partition. (CCP § 874.316.) But how does that appraisal process work? Once the court orders the appraisal, it…
When does the Partition of Real Property Act apply (CCP § 874.313)? As noted previously, the Partition of Real Property Act applies to real property held in tenancy in common where there is no agreement in a record binding all the co-owners related to partition. (CCP § 874.311.) But does…
It’s rare that a new law comes along that turns an entire established legal practice on its head. Yet that’s precisely what California’s Partition of Real Property Act intends to do. Revised in 1976, California’s partition laws remained unchanged and untouched for almost fifty years. In 2021 and 2022, however,…
The attorney-client privilege is well-known for a reason. It is a tenant of the legal profession, allowing for clients to approach attorneys with honesty and sincerity without fear that what they say will ever “leave the room,” so to speak. But its application to various situations and circumstances can become…
Yes, it can. Partitions and bankruptcy can interact in unusual ways despite the fact that they can often seek the same thing: the sale of a piece of property. Nonetheless, a co-owner of property filing for bankruptcy either before or during a partition lawsuit immediately raises several issues for the…
Under the Partition Law, “[a] bidder is responsible if it can perform the contract as promised.” (PCC § 20162; Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal.App.4th 1432, 1438.) That means, in essence, that it can be determined from the face of the bid itself that it will…
Does the appeal of an interlocutory judgment automatically stay the partition case? No. An appeal of an interlocutory judgment in a partition case is not stayed unless the appellant files an undertaking. (CCP §§ 917.4, 917.5.) Normally, appeals of court judgments result in an “automatic” stay that restrains the lower…
Can a Tenant in Common Force a Sale? Yes. Tenants in common (TIC), as co-owners of real property are entitled to try and force a sale of that property by filing a lawsuit called a partition. Like many other aspects of the law, however, this is easier said than done.…
Generally, when a trial court orders an interlocutory judgment directing a partition by sale, it can appoint a referee to conduct the sale (CCP § 873.010). However, when a party to the partition feels that they have been aggrieved by the actions of this court-appointed referee, they may bring an…
The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Section 872.240 allows for personal property to be partitioned with real property. The purpose of Section 872.240 is to give parties an avenue to partition their personal property alongside…