California Code of Civil Procedure 872.040 is the California partition statute that addresses applicable laws in a partition action in California. The statute provides that:
Nothing in this title excuses compliance with any applicable laws, regulations, or ordinances governing the division, sale, or transfer of property.
California Code of Civil Procedure § 872.040
The statutes governing partition actions require compliance with any applicable laws. Miller & Starr, Property Included Within the Lien, 9 Cal. Real Est. (4th ed.) § 32:18.
Law Revision Commission Comments to California Code of Civil Procedure § 872.040
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 872.040 as follows:
Section 872.040 codifies the rule that the partition statute cannot be used to avoid any applicable laws governing property transactions. See, e.g., Pratt v. Adams, 229 Cal.App.2d 602, 40 Cal.Rptr. 505 (1964) (Subdivision Map Act). Whether a particular law, regulation, or ordinance is applicable in a partition action is determined by the terms or a construction of that law, regulation, or ordinance.
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 six, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled 250 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.
