WEBSITE VISITOR IP NOTIFICATIONS

Code of Civil Procedure 872.110 CCP – Superior court; jurisdiction; venue (Partition Actions)

California Code of Civil Procedure 872.110 is the California partition statute that specifies the requirement that a partition complaint must be filed in the county where the real property is located, otherwise known as venue. The statute provides that:

(a) The superior court has jurisdiction of actions under this title.

(b) Subject to the power of the court to transfer actions, the proper county for the trial of actions under this title is:

(1) Where the subject of the action is real property or real and personal property, the county in which the real property, or some part thereof, is situated.

(2) Where the subject of the action is personal property, the county in which the personal property is principally located at the commencement of the action or in which the defendants, or any of them, reside at the commencement of the action.

California Code of Civil Procedure 872.110

This section states that for real property partitions, the action should be filed in the Superior Court of the county where the real property is located.

One tricky issue is when co-owners hold properties in multiple counties. The law appears to suggest that “the proper county for the trial of actions under this title is…[w]here the subject of the action is real property…, the county in which the real property, or some part thereof, is situated.” [1]California Code of Civil Procedure 872.110(b)(1) It would appear that an action can be filed in a superior court where any of the properties, i.e., some “part” of the real properties, are located when co-owners hold properties in multiple counties. Such coordination of cases can create a more efficient result. In fact, in many instances, an exchange of fractional interests may be part of a settlement.

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.

References

References
1 California Code of Civil Procedure 872.110(b)(1)
Avatar photo
About Talkov Law Partition Attorneys

The partition attorneys at Talkov Law end co-ownership disputes by representing co-owners in real estate partition actions throughout the State of California.

Talkov Law is Rated 5 out of 5 stars based on 50 customer reviews.

Contact Us Today for a Free Consultation & Pay No Retainer

Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

    Awards and Recognition

    US News and World Report Scott Talkov

    We Have Been Featured On:

    The Real Deal

    The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.