California Court of Appeal

In plaintiff's action seeking partition by sale of a vacation home at Lake Tahoe, trial court's determination that the right of first refusal on the tenancy in common (TIC) agreement waived the right to partition in entering a favorable judgment in favor of the defendant is reversed and remanded as the right of first refusal in the TIC agreement modifies the statutory right to partition, but does not permanently waive it.

Appellate Information

• Decided 04/01/2010
• Published 04/01/2010

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Court

• California Court of Appeal

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