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 the…
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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 § 3…
Continue reading ›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 licensed…
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