Partition Action Archives

Code of Civil Procedure (CCP) Section 872.230—Partition Complaint

Published on: July 28, 2023 | By Underwood Law Firm, P.C.

underwood-ccp-partition-complaint-300x300 The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Section 872.230 outlines the necessary information a plaintiff must have in their complaint. The point of the statute is for plaintiffs to file a proper complaint with all of the content required to initiate a partition lawsuit. If the party files an improper complaint, the court could dismiss the case at the outset.

Code of Civil Procedure section 872.230 states

The complaint shall set forth:

Continue reading →

Code of Civil Procedure (CCP) Section 872.210—Persons Authorized to Bring Partition Actions

Published on: July 12, 2023 | By Underwood Law Firm, P.C.

underwood-persons-auth-partition-actions-300x300 California Code of Civil Procedure section 872.210 defines the persons who are authorized to commence an action of partition. The section broadens the people who may attempt to bring a partition, while retaining a limitation on property held in community or quasi-community interest.

Code of Civil Procedure section 872.210 states

A partition action may be commenced and maintained by any of the following persons:

Continue reading →

Code of Civil Procedure (CCP) Section 872.140—Compensatory Adjustment

Published on: July 7, 2023 | By Underwood Law Firm, P.C.

underwood-blog-compensatory-adjustment-300x300 The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Within the Partition Statute, section 872.140 clarifies the court’s power to make equitable compensatory adjustments.

Code of Civil Procedure section 872.140 states

The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity.

Continue reading →

What Happens When an Unmarried Couple Buys a House as a Tenancy-In-Common?

Published on: July 5, 2023 | By Underwood Law Firm, P.C.

underwoodblogtenancy-300x300 Generally, married couples who buy homes in California are afforded certain rights and protections under California law. These rights and protections do not necessarily apply to unmarried couples who own property as tenants-in-common. Unmarried couples can still take further steps to protect their property rights.

Differences Between Married Couples and Tenants-In-Common

Married couples in California who own property together have some ownership differences from normal tenants-in-common. The main benefit that married couples have over tenants-in-common is the right of survivorship.

Continue reading →

Code of Civil Procedure (CCP) Section 872.130–Partition Law Injunctions

Published on: June 30, 2023 | By Underwood Law Firm, P.C.

6302023-300x300 California Code of Civil Procedure section 872.130 expands the court’s authority in an effort to make the court system more efficient when ordering a property to be partitioned. The section allows the court to issue temporary restraining orders and injunctions without the hurdles of contempt or general provisions to make such orders.

Code of Civil Procedure section 872.130 states

In the conduct of the action, the court may issue temporary restraining orders and injunctions, with or without bond, for the purpose of:

Continue reading →

How Does the Process of a Partition Sale differ from a Foreclosure Sale?

Published on: June 28, 2023 | By Underwood Law Firm, P.C.

6282023-300x300 Partitions sales and foreclosure sales are two different ways that a property can be sold. The main difference between the two is the purpose behind the two sales. For partition sales, the purpose is to divide the property and for the owners to get the proceeds in proportion to their ownership. The purpose of foreclosure sales is to pay off a borrower’s loan.

The Partitions Sale Process

Usually, partition sales are ordered by a court. This is because partition lawsuits are often brought before courts by a property owner who wants to force a sale if the parties cannot come to an agreement.

Continue reading →

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

Published on: June 23, 2023 | By Underwood Law Firm, P.C.

6232023-300x300 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 court may hear and determine all motions, reports, and accounts and may make any decrees and orders necessary or incidental to carrying out the purposes of this title and to effectuating its decrees and orders. “Action” means an action for partition under this title.

Continue reading →

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

Published on: June 21, 2023 | By Underwood Law Firm, P.C.

6212023-300x300 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 steps that the personal representative must take in the probate sale process under California law.

The Partitions Sale Process

Usually, partition sales are ordered by a court. This is because partition lawsuits are often brought before courts by a property owner who wants to force a sale if the parties cannot come to an agreement.

Continue reading →

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

Published on: June 16, 2023 | By Underwood Law Firm, P.C.

6162023-300x300 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 rules of civil actions to partition actions unless they are inconsistent with the partition statute. If the Partition Law differs from the general sections of the Code of Civil Procedure, the Partition Law trumps the other section because partition actions are tailored to the unique nature of partition disputes and often have specialized requirements.

Code of Civil Procedure section 872.030 states:

The statutes and rules governing practice in civil actions generally apply to actions under this title except where they are inconsistent with the provisions of this title.

Continue reading →

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

Published on: June 14, 2023 | By Underwood Law Firm, P.C.

6142023-300x300 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 want to take out more debt without letting their fellow co-owners know. If such a debt or encumbrance on the property is taken, it is still enforceable and allowable and can result in the sale of the entire property.

California Law on Co-Owner Mortgages Without Consent

Continue reading →