Articles Posted in partition lawsuits

Does a Partition Count as a Bankruptcy Claim?
Underwood Law Firm, P.C.

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 example,…

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What is the Liability of a Partition Referee? (Holt v. Brock (2022) 85 Cal.App.5th 611)
Underwood Law Firm, P.C.

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 this…

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Code of Civil Procedure (CCP) Section 872.140—Compensatory Adjustment
Underwood Law Firm, P.C.

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…

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How Does a Partition Sale Differ From the Process of a Trustee Sale? 
Underwood Law Firm, P.C.

Partitions sales and trustee 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 trustee sale is overseen by a third party in relation to foreclosure proceedings. While the third party is not beholden…

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