Partition actions can be costly. California’s Partition of Real Property Act guides how those costs are shared among the co-owners, based on fairness and each case’s circumstances.
Partition accounting tracks costs, contributions, and reimbursements. One common mistake, double counting, can make the final judgment unfair if no one catches it.
A partition referee is usually paid at the end of the case, typically from the sale proceeds at the same time the co-owners are paid.
California lets the co-owner who files a partition ask the court to award attorney’s fees and costs against the other co-owners, usually paid from the sale proceeds.
A section 998 offer lets a co-owner pressure the other side to settle a partition action, because a co-owner who refuses and does worse at trial can be made to bear more of the costs.
Co-owners always want to reduce partition costs. The October 2023 verdict against the National Association of Realtors and large brokerages may lower the commissions paid in partition sales.
Code of Civil Procedure section 874.140 addresses how a judgment for unpaid costs of partition can be enforced against a party in a California partition action.
Code of Civil Procedure section 874.130 gives the court authority to order a judgment for the benefit of lien claimants after a partition.
Code of Civil Procedure section 874.120 makes the costs of a partition action a lien on a co-owner’s share of the property and sets the lien’s priority.
Code of Civil Procedure section 874.110 lets the court order the costs of partition to be paid before the final disbursement to the parties.
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Practical guides from attorneys who focus exclusively on California partition actions.
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