Partition Actions in California | CA Legal Resources | FastCounsel

What Legal Options Exist if Co-Owners Cannot Agree on Sale Logistics or Cost Sharing in California?

Disclaimer: This is not legal advice. For personalized guidance, consult a licensed California attorney. Detailed Answer When co-owners disagree on sale logistics or cost sharing, California law offers several remedies. You can pursue a court-ordered partition, seek cost contributions, negotiate a buyout, or use alternative dispute resolution. 1. Court-Ordered Partition Under California Code of Civil […]

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Can I partition property that I owned with my spouse after we separated but before the divorce in California?

Detailed Answer Under California law, spouses who own real property together—whether as community property or as tenants in common—have the right to partition that property at any time, including after separation but before a divorce judgment. Partition is a civil action under Code of Civil Procedure section 872.010 et seq. You can either: File a […]

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What Steps Are Required to Schedule a Hearing in a Partition Action in California After Service and Response Period Ends?

Detailed Answer After you serve all parties in a California partition action and the 30-day response period under Code of Civil Procedure section 430.40 has expired, you must formally set a hearing date to move your case forward. Below are the typical steps to schedule a partition hearing: 1. Identify the Type of Hearing Required […]

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What Steps Are Required to File a Court Petition to Partition Land Owned by Multiple Relatives in CA?

Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for advice on your situation. Detailed Answer: Filing a Partition Petition in California When co-owners seek to divide or sell shared property, they can file a partition action under California law (CCP § 872.010). A partition petition lets the […]

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What Legal Process Allows a Co-Owner to Force Sale of Jointly Inherited Property When Co-Owners Disagree in California?

Detailed Answer When two or more persons inherit real property as co-owners in California and they cannot agree on possession, sale or management, any co-owner may file a partition action. Code of Civil Procedure section 872.010 et seq. governs partition actions. CCP §§872.010–872.760. A partition action asks the court to divide the property either physically […]

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