Re: Partition Action - Interrogatories

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On 1/31/10, Michael S. Pecherer wrote:
> 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
This type of investigation takes long time to finish.nice post

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