Re: Partition Action - Interrogatories

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On 12/08/10, jani wrote:
> 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

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