Articles Tagged with Partition Law

6162023-300x300The 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. 

692023-300x300California 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 

This title governs actions for partition of real property and, except to the extent not applicable, actions for partition of personal property. 

662023-1-300x300The 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. Underwood’s practice focuses on partition actions, which is a legal option available for people who own real estate jointly with others and want a clean break. Essentially, it allows one party to fairly solve joint co-ownership problems through the legal system. He is the founder of Underwood Law Firm, a boutique law firm with a proven success and multiple offices throughout the State of California. 

5312023-300x300The 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 any terms so that the law may be applied without any debt. 

Code of Civil Procedure section 872.010 states 

As used in this title: 

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