California Code of Civil Procedure 874.130 is the California partition statute that gives the court the authority to order a judgment for the benefit of lien claimants after a partition. The statute provides that:
Upon application of a person entitled to a lien imposed under this article and upon a showing of good cause, the court may order a sale of all or a portion of the property before or after judgment for the benefit of all such lien claimants without priority among them.
California Code of Civil Procedure 874.130
This statute dovetails with the authority of the court to impose a judgment for costs of partition:
(a) The costs of partition as apportioned by the court may be ordered paid in whole or in part prior to judgment.
(b) Any costs that remain unpaid shall be included and specified in the judgment.
California Code of Civil Procedure 874.110
This statute dovetails with lien priority statute for a judgment for costs of partition:
(a) The costs shall be a lien on the share of the party specified.
(b) A lien imposed by this section has priority over any other lien on the share except those imposed under this section.
California Code of Civil Procedure 874.120
Law Revision Commission Comments to California Code of Civil Procedure § 874.130
In 1976, the California Legislative Committee explained California Code of Civil Procedure § 874.130 as follows:
Section 874.130 is new. Liens imposed under this article have priority over all other liens but have no priority among themselves. The remedies provided in this section and in Section 874.140 are cumulative.
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If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With twelve, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 600 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!
If you're looking to end your co-ownership dispute, contact California's premier partition action law firm by calling Talkov Law at (877) PARTITION (727-8484) or sending us a message today.
