California Code of Civil Procedure 872.220 is the California partition statute that explains how a title report will be obtained in a partition action. The statute provides that:
If it is necessary to have a title report:
(a) The plaintiff may, prior to commencing the action, procure a title report and shall in the complaint indicate this has been done and designate a place where it will be kept for inspection, use, and copying by the parties.
(b) The court may, upon application of a party, authorize the party to procure a title report and shall designate a place where it shall be kept for inspection, use, and copying by the parties.
California Code of Civil Procedure 872.220
The Law Revision Comment explains that: “Section 872.220 is derived from former Section 799. For a definition of ‘title report,’ see Section 872.020(f). Provisions relating to the title report formerly found in Section 800 are omitted as outmoded and inappropriate under modern conditions. For allowance of cost of procuring the title report, see Section 874.010.” California Code of Civil Procedure 872.220, 1976 Law Revision Comment.
The statute allows for a plaintiff to obtain a title report before initiating the partition action or, in the alternative, for the court to authorize either party to obtain a title report. Once the report has been obtained, all parties will have access to it throughout the partition action.
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 twelve, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 600 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 (877) PARTITION (727-8484) or sending us a message today.
