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    Re: Partition Action - Interrogatories

    Posted by mrtmaster on 10/04/10

    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
    > Michael
    This type of investigation takes long time to finish.nice post

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    Posts on this thread, including this one
  • Partition Action - Interrogatories, 7/23/07, by Chandra M. Arkema .
  • Re: Partition Action - Interrogatories, 11/19/07, by Robin.
  • Re: Partition Action - Interrogatories, 3/07/08, by Irma L. Netting.
  • Re: Partition Action - Interrogatories, 8/15/08, by Arnold R. Streisfeld, Esq..
  • Re: Partition Action - Interrogatories, 1/31/10, by Michael S. Pecherer.
  • Re: Partition Action - Interrogatories, 10/04/10, by mrtmaster.
  • Re: Partition Action - Interrogatories, 12/08/10, by jani.
  • Re: Partition Action - Interrogatories, 3/11/11, by SD.
  • Re: Partition Action - Interrogatories, 3/12/11, by SD.

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