California Code of Civil Procedure 872.610 is the California partition statute that specifies that the interests of all parties may be tried in the partition action. The statute provides that:
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.
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!
|↑1||Miller & Starr, Right of partition—Decree of partition, 4 Cal. Real Est. (4th ed.) § 11:18.|
|↑2||Wallace v. Daley (1990) 220 Cal. App. 3d 1028, 1035–1038; see Code of Civil Procedure § 872.140|
|↑3||Code of Civil Procedure 874.010(a); Code of Civil Procedure 874.040|