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Perspective

Apr. 22, 2010

Partition Actions Come in Many Shapes and Sizes

Malcolm Sher explains the intricacies and considerations of resolving partition action disputes.

By Malcolm Sher

Partition actions come in many shapes and sizes and can be successfully mediated if the goals of the parties become part of the resolution strategy and technical issues are addressed.

Partition is the physical division or sale of real property held by two or more co-owners. The equitable remedy is governed by Code of Civil Procedure Sections 872.010-874.240. Courts have discretion to "fashion" a fair result, but bec...

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