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Articles Posted in rental property

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Are rents recoverable in a partition action? (McWhorter v. McWhorter (1929) 99 Cal.App. 293) 

In a partition action the sale proceeds are distributed based on a party’s interest in the property. (Code Civ. Proc., § 872.810.) This includes parties’ ownership interest as well as what improvements they made on the property or other factors. (Code Civ. Proc., § 873.220.) In pursuing partition by sale,…

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Is a Partition Action Exempt from Bankruptcy Proceedings (CCP § 715.050)? 

Generally, a bankruptcy proceeding acts as a stay on the collection of debt as well as any acts needed to be taken to enforce a debt. The rules regarding partition actions in bankruptcy proceedings are codified in the Code of Civil Procedure section 715.050. Typically, whether a partition action is…

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