The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.California Code of Civil Procedure 872.610
This means that “[a]ll conflicting claims existing between the parties and arising out of their relationship as cotenants can be adjudicated in the partition action.”Miller & Starr, Right of partition—Decree of partition, 4 Cal. Real Est. (4th ed.) § 11:18. Thus, the court is entitled to conduct an accounting, reimbursement of costs, expenses, and improvements by one cotenant.Wallace v. Daley (1990) 220 Cal. App. 3d 1028, 1035–1038; see Code of Civil Procedure § 872.140 The court can also award offsets like attorney’s fees and costs, as well as partition referee fees.Code of Civil Procedure 874.010(a); Code of Civil Procedure 874.040 Indeed: “The answer may set forth any claim the defendant has for contribution or other compensatory adjustment.” California Code of Civil Procedure 872.430. A trial court is entitled to “grant[ a] motion for summary adjudication on [a] cause of action for partition by sale… and to enter an interlocutory judgment directing partition of the Property by sale.” LEG Investments v. Boxler (2010) 183 Cal.App.4th 484, 497–98.
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!