California Code of Civil Procedure 872.130 is the California partition statute that allows the court to issue restraining orders and injunctions related to the partition. The statute provides that:
In the conduct of the action, the court may issue temporary restraining orders and injunctions, with or without bond, for the purpose of:
(a) Preventing waste.
(b) Protecting the property or title thereto.
(c) Restraining unlawful interference with a partition of the property ordered by the court.
California Code of Civil Procedure 872.130
The Law Revision Comment explains that: “Section 872.130 is new. It gives the court authority to take the protective steps described without having to rely either upon its contempt powers or the general provisions as to temporary restraining orders and injunctions.” California Code of Civil Procedure 872.130, 1976 Law Revision Comment.
The effect of California Code of Civil Procedure 872.130 is that the court can effectuate its orders to ensure cooperation of the parties and and as to the property, which can sometimes impact non-parties to the action. The powers of the court under this section are bolstered by the authority to issue orders to effectuate decrees and orders found in California Code of Civil Procedure 872.120, which provides that:
In the conduct of the action, the court may hear and determine all motions, reports, and accounts and may make any decrees and orders necessary or incidental to carrying out the purposes of this title and to effectuating its decrees and orders.[1]California Code of Civil Procedure 872.120
The bottom line is that courts have broad powers in partition actions to ensure that parties cooperate with the court, its orders, and any court-appointed referee.
Contact an Experienced Partition Attorney in California
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our knowledgeable partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568), email us at info(at)talkovlaw.com, or fill out a contact form online. Contact Talkov Law today to find out how you can pay nothing today and have your legal fees paid from the proceeds of sale of your property!
References
| ↑1 | California Code of Civil Procedure 872.120 |
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