Legal fees are often set up in an initial agreement or contract between the client and lawyer. This includes the lawyer’s hour rate and how payments will be made. Because legal fees are a necessary part of bringing a lawsuit with representation, they may also factor into the court’s decision making. Not all lawsuits...

Partition is the legal procedure used to divide property among co-owners, often used when co-owners disagree about the property’s sale or division. In California, partition can be achieved through multiple methods: (1) Partition In Kind; (2) Partition by Sale; and (3) Partition by Appraisal. This article only explores Partition In Kind’s specific purpose and...

A partition action is the legal process of co-owners dividing a piece of real property. There are various reasons why a partition may be necessary, and different types of partitions exist to ensure the proper remedy is available when these circumstances arise. Co-owners involved in partition actions commonly ask who is responsible for the...

A trust set up for property gives beneficiaries a right to the property once the settlor has passed away. This means beneficiaries may become co-owners. However, the trustee may also hold an interest in the property as well. If the trustee is a co-owner of the property, they can file a partition suit. This...

The purpose of this article is to explain whether a property owner can recover value of time or services in a partition action. Understanding whether an owner can recover the value of time or services is important because it directly affects the compensation they are entitled to recover in a partition action. What is...

The purpose of this article is to explain how a partition action could be brought in federal court. While it is possible to bring a partition action in a federal court, because of how state-specific partition statutes are, partition matters are usually handled in state courts. Generally, partition actions are governed by state statutes....

Family Code section 2021 provides that a court “may order that a person who claims an interest in the proceeding be joined as a party” to nullity, dissolution, and legal separation proceedings. (Fam.C. § 2021(a).) An interested third party may wish to join a family law proceeding, or an existing party may want to...

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What if parties do not appear in a lawsuit requesting partition in kind under the Partition of Real Property Act? Just as there are special provisions for defaulting parties with partitions by sale, so too are there unique rules where some defendants fail to appear in a partition in kind action. The text of...

This is a continuation of our ongoing series on the Complete Guide to the Partition of Real Property Act. For complete comprehension, we would suggest starting from the beginning. As a quick summary, the Partition of Real Property Act is a law specific to California, passed in July 2022. (Stats 2022 Ch. 82 §...

A declaration of non-monetary status is a special type of court filing reserved for trustees under a deed of trust. These trustees have limited powers, but are often named as defendants in lawsuits by plaintiffs seeking to ensure proper joinder. Of course, being named in a complaint carries with it several responsibilities, chief among...

How does the court appraise the property (CCP § 874.316)? As was noted previously, the court shall order an appraisal of the property once it determines that the parties are entitled to partition. (CCP § 874.316.) But how does that appraisal process work? Once the court orders the appraisal, it needs to appoint a disinterested and...

When does the Partition of Real Property Act apply (CCP § 874.313)? As noted previously, the Partition of Real Property Act applies to real property held in tenancy in common where there is no agreement in a record binding all the co-owners related to partition. (CCP § 874.311.) But does that mean its provisions...

A right of first refusal is, essentially, an option contract. It is a contract or a condition in a contract between the owner of an asset, and some other person with an interest in that same asset, that allows the interested person to buy the asset from the owner instead of allowing the owner...

Under California’s Civil Code, real property refers to land, and things affixed to land such as houses. (Civ. Code § 658.) When people think of “property” they may envision a large lake house or a humble home. But this is only one type of property – real property. Personal property, on the other hand,...

Yes, it can. Partitions and bankruptcy can interact in unusual ways despite the fact that they can often seek the same thing: the sale of a piece of property. Nonetheless, a co-owner of property filing for bankruptcy either before or during a partition lawsuit immediately raises several issues for the other innocent co-owners. For...

Under the Partition Law, “[a] bidder is responsible if it can perform the contract as promised.” (PCC § 20162; Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal.App.4th 1432, 1438.) That means, in essence, that it can be determined from the face of the bid itself that it will be viable, without outside...

Does the appeal of an interlocutory judgment automatically stay the partition case? No. An appeal of an interlocutory judgment in a partition case is not stayed unless the appellant files an undertaking. (CCP §§ 917.4, 917.5.) Normally, appeals of court judgments result in an “automatic” stay that restrains the lower trial court from issuing any more...

Generally, when a trial court orders an interlocutory judgment directing a partition by sale, it can appoint a referee to conduct the sale (CCP § 873.010). However, when a party to the partition feels that they have been aggrieved by the actions of this court-appointed referee, they may bring an action against them. When...

The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Section 872.240 allows for personal property to be partitioned with real property. The purpose of Section 872.240 is to give parties an avenue to partition their personal property alongside their real property if...

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...

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...