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 conduct of the action, the…
Continue reading ›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 involvement. There are also specific…
Continue reading ›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. Section 872.030 applies the general…
Continue reading ›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 property. Some parties may even…
Continue reading ›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 generally must divide the property…
Continue reading ›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 Civil Procedure section 872.020 states…
Continue reading ›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 on September 24, 2023. Mr.…
Continue reading ›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 third party is not beholden…
Continue reading ›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 uncertainty about the meaning of…
Continue reading ›There are several provisions in real property sale agreements that can affect a party’s legal rights. One such provision is an “as-is” provision, which is often included in contracts for the sale of real property. It is important for parties to keep on the lookout for such provisions so that they are aware of their…
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