California Code of Civil Procedure 872.430 is the California partition statute that specifies that claims for compensatory adjustment may be included in the answer. The statute provides that:
The answer may set forth any claim the defendant has for contribution or other compensatory adjustment.
California Code of Civil Procedure 872.430
“Section 872.430…avoids the need of the defendant to file a cross-complaint for affirmative relief. Compare Section 431.30(c) (affirmative relief may not be claimed in the answer).”[1]California Code of Civil Procedure 872.430, Law Revision Commission Comment Such claims for compensatory adjustment arise under CCP 872.140. This means that a cross-complaint is often unnecessary in a partition action.
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 experienced 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) or fill out a contact form online.
References
| ↑1 | California Code of Civil Procedure 872.430, Law Revision Commission Comment |
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