Code of Civil Procedure 872.730 CCP – Application to Partnerships (Partition Actions)

California Code of Civil Procedure 872.730 is the California partition statute that explains partition as a remedy in partnerships:

To the extent that the court determines that the provisions of this title are a suitable remedy, such provisions may be applied in a proceeding for partnership accounting and dissolution, or in an action for partition of partnership property, where the rights of unsecured creditors of the partnership will not be prejudiced.

California Code of Civil Procedure 872.730

This section is an exception to California Code of Civil Procedure 872.710, which governs the right to partition in co-ownership situations in which the property is held in tenancy in partnership. If the property is held in partnership, this code “codifies prior case law to the effect that partition is an appropriate remedy where the affairs of the partnership are otherwise sufficiently settled and what remains is the division or sale of the property.” ^[1]Code Civ. Proc. § 872.730, Law Revision Commission Comment; see, e.g., Hughes v. Devlin (1863) 23 Cal. 501; Logoluso v. Logoluso (1965) 233 Cal.App.2d 523.

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 seven, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 370 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 (844) 4-TALKOV (825568) or sending us a message today.