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Articles Posted in Partition action

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What are the historical origins of partition actions? (Blackstone, Commentaries on the Laws of England)

Sir William Blackstone is a titan in the field of legal jurisprudence. His 1765 work, Commentaries on the Laws of England, is his most famous legal treatise, forming the backbone of common law analysis as modern lawyers understand it today. Without his efforts centuries ago, our conceptions of property, individual…

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Can you partition a life estate? (CCP § 872.710)

Yes. When co-owners of property decide they want to go their separate ways but cannot come to an agreement on a buyout or reimbursements, they can institute a partition action and have the court system solve the problem for them.  The presence of a life estate, however, substantially complicates this…

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What is the Uniform Partition of Heirs Property Act? (CCP § 874.312)

The Uniform Partition of Heirs Act is a new law that changes the procedure for partitions. A partition action is a court-ordered process where a property owner forces a sale of jointly owned real estate. Essentially, a partition action exists to allow people who own real estate together to take…

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Can an ousted cotenant recover possession of the property? (Civ. Code § 843)

Yes. Co-owners of property are entitled to certain rights, namely, the right to possess and use the property as they see fit. But sometimes, things do not work out with the other owners.  Heirs to an estate can bicker, business relationships can fall through, and family dynamics can fall apart.…

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What is a Partition Action? (Code of Civil Procedure § 872.210)

What is a Partition Action? A partition action is a court-ordered process where a property owner forces a sale of jointly owned real estate. Essentially, a partition action exists to allow people who own real estate together to take their share of the equity and go their separate ways. But,…

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Is a litigation guarantee required in a Partition Action?

While litigation guarantees are recommended in a lot of contested real estate issues in court, it is not required in a partition action. Read on to find out more about the nuances of litigation guarantees and their relationship with partition actions.  What is a partition action?  A partition action or…

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Do you have a right to recover attorney’s fees in partition actions? (CCP § 874.020)

Yes. In California, you have a right to recover attorney’s fees by statute. But that doesn’t mean that you can recover 100% of your fees, even in uncontested partitions. Courts will employ numerous equitable considerations in awarding costs, and the complexities of prolonged litigation may render some expenditures on your…

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Can You Partition Partnership Property? (Corp. Code § 16202)

Yes. Partnership property is subject to partition on the dissolution, accounting, and wind-up of partnership matters, just like other types of property. As real estate presents unique issues, however, there are many important things to know about the process to ensure that it is done correctly. The purpose of this…

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Can I get compensated for improvements in a partition action (IE- upgrades)? (Code of Civil Procedure section 874.010)

Yes. A party may be able to receive credits and/or offsets for upgrading a property in a partition action under many circumstances. In a partition lawsuit, two parties disagree about what to do with the jointly-owned property.  In those circumstances, one party can seek the sale of the property and…

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How does a partition by private sale work? (CCP § 872.720)

Partition by a private sale is a method of selling jointly owned property, either by joint tenants or tenants in common,  under the court’s supervision via a court order or a court-ordered referee.  What is a partition lawsuit? A partition action or a partition lawsuit is when one co-owner, or…

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