Code of Civil Procedure section 872.130 lets the partition court issue restraining orders and injunctions to prevent waste, protect the property or its title, and stop interference.
Code of Civil Procedure section 872.110 gives the Superior Court jurisdiction over partition actions and sets venue in the county where the real property is located.
Code of Civil Procedure section 872.230 lists what a partition complaint must contain, including a description of the property, the plaintiff’s interests, and the other interests the case will affect.
Code of Civil Procedure section 872.250 requires a partition plaintiff to record a lis pendens in every county where the property is located, immediately upon filing the complaint.
Code of Civil Procedure section 872.210 decides who can file a partition action. Any co-owner of real or personal property may sue for partition, but spouses cannot use it to divide community property.
Code of Civil Procedure section 872.620 lets the court determine the state of the title as part of the partition action.
Code of Civil Procedure section 872.140 lets the court in every partition action order an accounting, contribution, and other compensatory adjustments between co-owners according to equity.
Code of Civil Procedure section 872.120 gives the partition court power to decide every motion, report, and account in the case and to make any order needed to carry out the partition.
Code of Civil Procedure section 874.010 lists the costs of partition the court may allow and apportion among the parties, such as attorney’s fees and referee fees.
Code of Civil Procedure section 873.910 allows a partition by appraisal, but only when the parties agree to it.
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