Code of Civil Procedure 873.720 CCP – Confirmation of or Setting Aside Sale; Motion; Notice (Partition Actions)
Talkov Law
by Talkov Law
3d ago
California Code of Civil Procedure 873.720 is the California partition statute that allows a party to confirm or set aside the sale of the property in a partition action. The statute provides that: (a) A purchaser, the referee, or any party may move the court to confirm or set aside the sale. (b) The moving party shall give not less than 10 days’ notice of motion to: (1) The purchaser if the purchaser is not the moving party; and (2) All other parties who have appeared in the action. California Code of Civil Procedure 873.720 This statute gives the purchaser of the property, the partition re ..read more
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Code of Civil Procedure 872.550 CCP – Joinder of All Persons Unknown Claiming Any Interest (Partition Actions)
Talkov Law
by Talkov Law
6d ago
California Code of Civil Procedure 872.550 is the California partition statute that allows a plaintiff to join all parties, including unknown parties, in a partition action. The statute provides that: Where partition is sought as to all interests in the property, the plaintiff may join as defendants “all persons unknown claiming any interest in the property,” naming them in that manner. California Code of Civil Procedure 872.550 It can be difficult to name any and all parties who may claim to have an interest in a property, especially when the property has been passed down for generations, t ..read more
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Code of Civil Procedure 872.220 CCP – Title Report (Partition Actions)
Talkov Law
by Talkov Law
6d ago
California Code of Civil Procedure 872.220 is the California partition statute that explains how a title report will be obtained in a partition action. The statute provides that: If it is necessary to have a title report: (a) The plaintiff may, prior to commencing the action, procure a title report and shall in the complaint indicate this has been done and designate a place where it will be kept for inspection, use, and copying by the parties. (b) The court may, upon application of a party, authorize the party to procure a title report and shall designate a place where it shall be kept for i ..read more
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Code of Civil Procedure 872.520 CCP – Names and Nature of Interest Unknown; Statement in Complaint; Orders (Partition Actions)
Talkov Law
by Talkov Law
6d ago
California Code of Civil Procedure 872.520 is the California partition statute that adds to California Code of Civil Procedure 872.510 by further explaining the requirement of joining defendants or ownership interests that are unknown. This section provides as follows: (a) If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550. (b) If the ownership or the share or quantity of the interest of a person described in&nbs ..read more
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Code of Civil Procedure 872.510 CCP – Joinder of Defendants (Partition Actions)
Talkov Law
by Talkov Law
1w ago
California Code of Civil Procedure 872.510 is the California partition statute that explains who should be joined as a defendant in a partition action. The statute provides that: The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from an inspection of the property, in the estate as to which partition is sought. California Code of Civil Procedure 872.510 This statute requires that anyone who has or claims to have an interest in a property shall be joined in the partition action. Cont ..read more
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Code of Civil Procedure 872.540 CCP – Oil and Gas Interests (Partition Actions)
Talkov Law
by Talkov Law
1w ago
California Code of Civil Procedure 872.540 is the California partition statute that determines that lessees who use the property, but are not owners, should not be joined in the partition action. The statute provides that: Where property is subject to a lease, community lease, unit agreement, or other pooling arrangement with respect to oil or gas or both, the plaintiff need not join as defendants persons whose only interest in the property is that of a lessee, royalty-owner, lessor-owner of other real property in the community, unit, or pooled area, or working interest owner, or persons cla ..read more
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Code of Civil Procedure 872.640 CCP – Unknown Parties; Interests (Partition Actions)
Talkov Law
by Talkov Law
1w ago
California Code of Civil Procedure 872.640 is the California partition statute that describes what courts will do in the event that multiple parties are unknown. The statute provides that: Where two or more parties are unknown, the court may consider their interests together in the action and not as between each other. California Code of Civil Procedure 872.640 When one or more parties in a partition action are unknown, California law allows for the interests of these parties to be combined. This allows co-owners to more efficiently file a partition action against any unknown parties. Contac ..read more
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Code of Civil Procedure 872.630. Liens; Status and Priority(Partition Actions)
Talkov Law
by Scott Talkov
1w ago
California Code of Civil Procedure 872.630 is the California partition statute that describes how the court addresses liens, including their status and priority, in a partition lawsuit. The statute provides that: (a) To the extent necessary to grant the relief sought or other appropriate relief, the court shall determine the status and priority of all liens upon the property. (b) The court may appoint a referee to ascertain the facts necessary for the determination required by this section. Upon application of the referee or a lienholder, the court shall direct the issuance of process to com ..read more
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Code of Civil Procedure 873.240 CCP – Division by Lots or Parcels (Partition Actions)
Talkov Law
by Talkov Law
1w ago
California Code of Civil Procedure 873.240 is the California partition statute that describes how property will be physically divided in a partition lawsuit. The statute provides that: Where real property consists of more than one distinct lot or parcel, the property shall be divided by such lots or parcels without other internal division to the extent that it can be done without material injury to the rights of the parties. California Code of Civil Procedure 873.240 When partition in kind is determined to be an equitable remedy, the property will be divided by lot or parcel lines when avail ..read more
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Code of Civil Procedure 874.321 CCP – Filing report for open-market sales (Partition of Real Property Act)
Talkov Law
by Talkov Law
1w ago
California Code of Civil Procedure 874.321 is the California partition statute that describes what details of the sale of the property are required to be submitted to the court under the California Partition of Real Property Act. The statute provides that: (a) A broker appointed to offer property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under Section 874.316 or 874.320. (b) The report required by subdivision (a) shall contain the following info ..read more
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