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Code of Civil Procedure - CCP - CCP § 874.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.040

Except as otherwise provided in this article, the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.

Code of Civil Procedure - CCP - CCP § 874.050

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.050

(a) The court may order that the share of the costs apportioned to a future interest be paid by other parties to the action or by the persons who are then the presumptive owners of the future interest. (b) Where the court orders payment pursuant to this section, such payment is s

Code of Civil Procedure - CCP - CCP § 874.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.110

(a) The costs of partition as apportioned by the court may be ordered paid in whole or in part prior to judgment. (b) Any costs that remain unpaid shall be included and specified in the judgment.

Code of Civil Procedure - CCP - CCP § 874.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.120

(a) The costs shall be a lien on the share of the party specified. (b) A lien imposed by this section has priority over any other lien on the share except those imposed under this section.

Code of Civil Procedure - CCP - CCP § 874.130

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.130

Upon application of a person entitled to a lien imposed under this article and upon a showing of good cause, the court may order a sale of all or a portion of the property before or after judgment for the benefit of all such lien claimants without priority among them.

Code of Civil Procedure - CCP - CCP § 874.140

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.140

A judgment for unpaid costs of partition may be enforced by the person entitled to the costs in the manner provided for enforcement of money judgments generally against the share of the party specified in the judgment or against other property of the party.

Code of Civil Procedure - CCP - CCP § 874.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.210

The judgment in the action is binding and conclusive on all of the following: (a) All persons known and unknown who were parties to the action and who have or claim any interest in the property, whether present or future, vested or contingent, legal or beneficial, several or undi

Code of Civil Procedure - CCP - CCP § 874.225

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.225

Except to the extent provided in Section 1908, the judgment does not affect a claim in the property or part thereof of any person who was not a party to the action if any of the following conditions is satisfied: (a) The claim was of record at the time the lis pendens was filed o

Code of Civil Procedure - CCP - CCP § 874.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.240

A conveyance or transfer pursuant to Sections 873.750 and 873.790 or Section 873.960 is binding and conclusive, in the same manner as a judgment.

Code of Civil Procedure - CCP - CCP § 874.311

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.311

(a) This act shall be known, and may be cited, as the Partition of Real Property Act. (b) This act applies to real property held in tenancy in common where there is no agreement in a record binding all the cotenants which governs the partition of the property. (c) This act applie

Code of Civil Procedure - CCP - CCP § 874.312

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.312

For purposes of this chapter, the following definitions apply: (a) “Determination of value” means a court order determining the fair market value of the property under Section 874.316 or 874.320 or adopting the valuation of the property agreed to by all cotenants. (b) “Partition

Code of Civil Procedure - CCP - CCP § 874.313

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.313

(a) In an action to partition real property, the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record. (b) This chapter supplements the other provisions of this title and, if an action is governed by this chapter, this chapter s

Code of Civil Procedure - CCP - CCP § 874.314

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.314

(a) This act does not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in a partition action seeks an order of notice by publication, the plaintiff, not later than 10 days after the court’s determination, shall pos

Code of Civil Procedure - CCP - CCP § 874.315

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.315

If the court appoints referees pursuant to Section 873.010, each referee, in addition to any other requirements and disqualifications applicable to referees, shall be disinterested and impartial and not a party to or a participant in the action.

Code of Civil Procedure - CCP - CCP § 874.316

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.316

(a) Except as otherwise provided in subdivisions (b) and (c), the court shall determine the fair market value of the property by ordering an appraisal pursuant to subdivision (d). (b) If all cotenants have agreed to the value of the property or to another method of valuation, the

Code of Civil Procedure - CCP - CCP § 874.317

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.317

(a) If any cotenant requested partition by sale, the court shall, after the determination of value under Section 874.316, send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested part

Code of Civil Procedure - CCP - CCP § 874.318

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.318

(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 874.317, or if after conclusion of the buyout under Section 874.317 a cotenant remains that has requested partition in kind, the court shall order p

Code of Civil Procedure - CCP - CCP § 874.319

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.319

(a) In determining whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (1) Whether the property practicably can be divided among the cotenants. (2) Whether partition in kind would apportion the property in

Code of Civil Procedure - CCP - CCP § 874.320

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.320

(a) If the court orders a sale of property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. (b) If the court orders an open-market s

Code of Civil Procedure - CCP - CCP § 874.321

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.321

(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

Code of Civil Procedure - CCP - CCP § 874.321.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.321.5

In an action for partition of property, the court may apportion the costs of partition, including an appraisal fee, pursuant to Section 874.040, except that the court shall not apportion the costs of partition to any party that opposes the partition unless doing so is equitable a

Code of Civil Procedure - CCP - CCP § 874.323

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 874.323

This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)), or authorize electronic delivery of any of the n

Code of Civil Procedure - CCP - CCP § 875

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 875

(a) Where a money judgment has been rendered jointly against two or more defendants in a tort action there shall be a right of contribution among them as hereinafter provided. (b) Such right of contribution shall be administered in accordance with the principles of equity. (c) Su

Code of Civil Procedure - CCP - CCP § 876

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 876

(a) The pro rata share of each tortfeasor judgment debtor shall be determined by dividing the entire judgment equally among all of them. (b) Where one or more persons are held liable solely for the tort of one of them or of another, as in the case of the liability of a master for

Code of Civil Procedure - CCP - CCP § 877

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 877

Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co-obligors mutual