California Partition Law Blog

How does a partition by private sale work? (CCP § 872.720)
Underwood Law Firm, P.C.

Partition by a private sale is a method of selling jointly owned property, either by joint tenants or tenants in common, under the court’s supervision via a court order or a court-ordered referee. What is a partition lawsuit? A partition action or a partition lawsuit is when one co-owner, or when one person with interest…

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What is the difference between a receiver and a partition referee? (CCP § 873.610)
Underwood Law Firm, P.C.

Receivers and partitions referees are cut from the same cloth. In actions involving property, they step in at the request of the parties or order of the court to properly dispose of or manage the property at issue. Their roles are to act as a third party with no ties to any of the co-owners…

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How does a court make an accounting when a property is partitioned by division? (CCP § 873.250)
Underwood Law Firm, P.C.

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 does the Court Account for…

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Is a jury trial available in a partition action? (Shaw v. Superior Court (2017) 2 Cal.5th 983)
Underwood Law Firm, P.C.

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 to the property to be…

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What is pre-judgment interest on an eminent domain award? (CCP § 1245.220)
Underwood Law Firm, P.C.

Pre-judgment interests are accrued interests on judgment amounts. Eminent domain is when the government “takes” private property for the public’s use and then owes fair and just compensation to the original private property owners. An eminent domain award is the court-ordered judgment amount that is based on the fair market value of the property owed…

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Can a guarantor in the property sue for partition?
Underwood Law Firm, P.C.

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 a property mortgage, and those…

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

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 court to determine that the…

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Can a third party be joined in a family law proceeding to sell a property?
Underwood Law Firm, P.C.

Yes, a third party who has an interest in the property in question may “join” in a family law proceeding. In some specific cases, a third party must “join” the family law proceeding. California codified a third party’s ability to participate in a family law proceeding to assert their interest in real estate by creating…

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​​Can a property owner sue for inverse condemnation when the government refuses to permit development?
Underwood Law Firm, P.C.

In certain situations, it is possible for a property owner to sue the government for inverse condemnation when the government refuses to permit development and that refusal results in a “taking” under the United States constitution. If the city, state, or federal government refuses to permit development, it must take away all or substantially all…

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Can someone foreclose on a property during a partition action?
Underwood Law Firm, P.C.

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 to fully settle all issues…

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