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Articles Posted in Partition action

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Code of Civil Procedure (CCP) § 872.120 General Authority to Hear Motions and Make Orders and Decrees

California Code of Civil Procedure section 872.120 grants the court continuing jurisdiction to hear all motions and issue any necessary decrees in order to fulfill the purpose of the partition title, which aims to provide the court with broad statutory authority.  Code of Civil Procedure section 872.120 states  In the…

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How Does a Partition Sale Differ From the Process of a Probate Sale?

Partitions sales and probate sales are two different ways that a property can be sold. A main difference between the two is that a partition sale is ordered and overseen by the court, while a probate sale is generally overseen by a personal representative, and the court can have minimal…

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Rules of Practice in Partition Actions (CCP § 872.030.) 

The California Code of Civil Procedure plays a pivotal role in shaping the legal landscape of civil actions. The California Partition Law starts at section 872.010 and ends at section 874.323. Among the partition provisions, section 872.030 highlights the importance of consistency in the application of laws in partition actions.…

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Can a Co-Owner Take Out a Mortgage Without Your Consent?

Yes. California law allows a co-owner to take out a mortgage without the other co-owners consent or knowledge.  Co-owning property with other parties can be quite a responsibility that can be difficult to manage. One particularly stressful aspect of managing property is managing the debt that comes with financing the…

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How Does the Process of a Partition Sale Differ From a Divorce Sale?

Partitions sales and divorce sales are two different ways that a property can be sold.  One difference between the two is that in a partition sale, the court usually decides the proportion of ownership and how the proceeds are distributed among the owners, while in a divorce sale, the court…

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Code of Civil Procedure (CCP) § 872.020—Partition Law Title

California Code of Civil Procedure section 872.020 is under Title 10.5 Partition of Real and Personal Property. This statute details the scope, or in other words, the actions of partition that the title controls. The statute aims to clarify the property to which Partition Law actions may apply.  Code of…

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Top Partition Lawyer Eli Underwood Named to California Lawyers Association Real Property Law Section Executive Committee 

The Underwood Law Firm, which is a boutique partition firm, has offices in Sacramento, Oakland, and Newport Beach  SACRAMENTO, Calif. (June 1, 2023) — Eli Underwood, one of California’s leading experts in partition actions, has been named to the California Lawyers Association’s Real Property Law Section Executive Committee to begin…

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How Does a Partition Sale Differ From the Process of a Trustee Sale? 

Partitions sales and trustee sales are two different ways that a property can be sold. A main difference between the two is that a partition sale is ordered and overseen by the court, while a trustee sale is overseen by a third party in relation to foreclosure proceedings. While the…

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Partition Law Definitions (Code of Civil Procedure (CCP) section 872.010.) 

The California Partition Law begins in Code of Civil Procedure section 872.010 with definitions. These definitions apply throughout the entirety of the Partition Law, which ends only in Code of Civil Procedure section 874.323. The point of this statute is to provide uniformity throughout the Partition Law and reduce any…

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What is the Legal Effect of a Lis Pendens (Civ. Code section 1214)?

Lawsuits that affect interests in real property, such as partition actions, often require courts to adjudicate competing claims regarding who should have title to or possession of real property. In general, courts adjudicating such disputes follow the principle of “first in time, first in right.” Under this principle, “a conveyance…

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