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Articles Posted in Partition action

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What is the difference between a receiver and a partition referee? (CCP § 873.610)

Partition receivers and partition referees serve very similar roles in partition lawsuits. Their roles are to act as a third party with no ties to any of the co-owners interests in property via a partition lawsuit and to help the court and the judge to distribute the property or proceeds…

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How does a court make an accounting when a property is partitioned by division? (CCP § 873.250)

When there is a court-ordered partition by division, there are several steps that both the court and parties take to ensure that the property is physically divided both equally and equitably. Read on to find out the different avenues the court takes when deciding a partition by division lawsuit.  How…

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Is a jury trial available in a partition action? (Shaw v. Superior Court (2017) 2 Cal.5th 983)

Generally speaking, no, jury trials are not available in partition actions because partition action lawsuits are generally based on equity and therefore do not need a jury trial to decide each party’s rights. However, in some specific scenarios, it is within the court’s discretion to allow factual issues or claims…

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Can a guarantor in the property sue for partition?

Unless the guarantor has an interest in the property, such as a joint tenancy, tenancy in common, or tenancy by the entirety, then no, a guarantor in the property can not sue for partition. This seems complicated, but if you break down that a guarantor simply acts as collateral against…

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Can a co-owner lawfully adverse possess the other tenant’s interest in the property? (Civ. Code § 683)

While it is possible for a co-owner to lawfully adversely possess the other tenant’s interest in the property under California law, in practice, it is quite difficult and cumbersome. If you co-own or are a co-tenant of a shared piece of real estate property, possession is not enough for the…

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Can someone foreclose on a property during a partition action?

While the brief answer is “yes,” the issue is a bit complicated, like many things in the real estate litigation world.  Who is a proper party to a partition action? Generally, any person claiming an interest in a piece of real estate must be joined in the action in order…

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Can Rent Control Laws Prevent a Partition Eviction? (Civ. Code § 1632)

No, rent control laws cannot prevent a partition eviction. However, the answer is a bit more complicated than one might think. There are very specific rules and regulations in California that regulate both rent control laws and partition action evictions. Read on to learn more. What is Rent Control? While…

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Does an equitable owner have a right to partition property? (CCP § 872.210)

When a title owner sues to partition the property, then the matter is relatively straightforward. On the other hand, when a person claims to be an owner of the property but does not appear on the title, can they still sue to partition the property? Who can sue for partition?…

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What Is a Partition Agreement? (CCP § 872.710)

One reason partition actions are a good option is that there is generally an absolute right to partition, but every rule has exceptions. In a partition action, the main exception is when the parties have executed a partition agreement. Generally, the right to partition can be waived by an express—or…

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Can You Contest The Title in a Partition Action? (CCP § 872.210)

In many ways, partition actions are relatively straightforward. Generally, in a partition action, the two property owners cannot agree on its use, and one of the owners asks the court to sell the property so each can go their separate ways. The question arises of whether one of the two…

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