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Does California have an interlocutory judgment for partition of property?

Union City, CA |

Single family residence that cannot be physically subdivided between several co-owners in an equitable fashion.

Attorney Answers 2


If there is a divorce or dissolution action going on, this is best asked in that venue. However, if there are several owners, (not just husband and wife), and some owners want to sell and others don't, those owners that want to sell can bring an action for "Partition" which, in effect, forces a sale of the real property, through court supervision.

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California, and for many years, had the availability of an interlocutory judgment for partition of real property. This is the major step that must be accomplished before the court thereafter issues a final judgment. In regard to this particular matter, the law has changed very little in the past 35 years

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John N. Kitta

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