Re: Partition Action - Interrogatories

More | Report Post

On 10/04/10, mrtmaster wrote:
> 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
This needs to be in some sort of goodness finally solved

Selling Timeshares