Re: Partition Action - Interrogatories

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This is perhaps an after the fact post, but the idea of going
to trial in a partition action is nuts. The right to
partition is absolute and most partition actions are resolved
by a motion for an interlocutory judgment of partition (by
either side). The interlocutory judgment determines the
ownership of the parties, which is a matter of record,
appoints a referee, which is mandatory (CCP Sec. 872.010), and
orders the property sold. Normally, the only issue remaining
is an accounting between the parties and Courts often use the
same analysis as they do in family law cases, as for example
the Moore-Marsden rule. Usually, the referee is charged with
this investigation and analysis and reports to the Court as to
a proposed resolution of the accounting issues. As the
property is almost inevitably ordered to be sold, that order
either forces a settlement or, if sold, the availability of
the proceeds tends to encourage the inclination to move on. I
serve as a referee in partition and have for years. You can
get a full dose of partition law including a lot of forms at
www.partitionlaw.com

Michael