Code of Civil Procedure § 872.010 (CCP) – Definitions (Partition Action)

California Code of Civil Procedure 872.010 is the California partition statute that provides definitions for terms used throughout the code for partition actions in California. The statute provides that:

As used in this title:
(a) “Action” means an action for partition under this title.
(b) “Lien” means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity.
(c) “Property” includes real and personal property.
(d) “Remainder” includes reversion, reversionary interest, right of entry, and executory interest.
(e) “Title report” includes a preliminary report, guarantee, binder, or policy of title insurance.

California Code of Civil Procedure § 872.010

These terms are used throughout the partition statutes applicable to California partition actions.

Law Revision Commission Comments to California Code of Civil Procedure § 872.010

In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 872.010 as follows:

Section 872.010 provides definitions for terms used in this title.
The term “lien” is defined broadly in subdivision (c) to apply to any encumbrance on property, including security interests in personal property.
The term “title report” in subdivision (f) is drawn using the terminology employed in the title insurance industry.

In 1979, the California Law Revision Commission explained California Code of Civil Procedure § 872.010 as follows:

Section 872.010 is amended to delete subdivision (b) (“guardian” includes conservator) as unnecessary. The term “guardian” is used in Sections 873.040 and 873.690, and those sections are amended to include specific references to a conservator. Subdivisions (c) through (f) of Section 872.010 are redesignated as subdivisions (b) through (e), respectively.

Talkov Law's Partition Attorneys Can Help

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With seven, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 300 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 (844) 4-TALKOV (825568) or sending us a message today.

About Scott Talkov

Scott Talkov is a partition lawyer in California. He founded Talkov Law Corp. after more than one decade of experience at a California real estate litigation firm, where he served as one of the firm's partners. He has been featured on ABC 7, CNN, KCBS, and KCAL-9, and in the Los Angeles Times, the Orange County Register, the San Diego Union-Tribune, the Press-Enterprise, and in Los Angeles Lawyer Magazine. Scott has been named a Super Lawyers Rising Star for 9 consecutive years. He can be reached about new matters at info@talkovlaw.com or (844) 4-TALKOV (825568). He can also be contacted directly at scott@talkovlaw.com.

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