The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Section 872.220 requires that the plaintiff state the existence and location of a title report if they have procured one. A title report includes a preliminary report, guarantee, binder, or policy of title insurance. (CCP § 872.010 subd. (e).)
Code of Civil Procedure section 872.220 states
If it is necessary to have a title report:
Generally, the seller of a home has disclosures that they are required by law to make to any prospective buyer. This also applies to the realtor, broker, or any other agent working for the seller to sell the home. Different types of sales, however, may have varying disclosure requirements. Generally speaking, trustee’s sales, probate sales, and foreclosures sales are exempt from the California statutory disclosure requirements. All sales, however, are subject to the disclosure requirements under California common law.
If the seller is being represented by an agent in the transaction, then the agent must ask the seller about the condition of the property and fill out the form accordingly. (Civil Code § 1102.6.) The agent must also complete a reasonable and diligent visual inspection of the property and note on the disclosure form if there are any items for disclosure. (Id.) The seller or the agent can also amend any disclosures in writing. (Civil Code § 1102.9.)
Oftentimes, the government will announce a public project which may affect the neighboring property’s value. Most of the time, the public project should increase the property’s value. Sometimes though, the announced public project may decrease the property’s value, which may make it difficult to rent the property. When that happens, the property owner may be able to sue for what is known as “Klopping damages”. This allows the owner to recover lost rental income due to the decrease in value from a public project.
The California Supreme Court case that set the rule for Klopping damages was Klopping v. City of Whittier (1972) 8 Cal.3d 39. In Klopping, the city of Whittier planned to form a parking district. (Id., at 42.) The plaintiffs, Klopping and Sarff, owned properties that were going to be condemned for the project.
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
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.
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.
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.
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:
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.
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.
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.
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.
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.
California Partition Law Blog
