California Code of Civil Procedure 873.220 is the California partition statute that determines how a property will be divided in a partition in-kind so as to embrace improvements made to the property by that party. The statute provides that:
As far as practical, and to the extent it can be done without material injury to the rights of the other parties, the property shall be so divided as to allot to a party any portion that embraces improvements made by that party or that party’s predecessor in interest. In such division and allotment, the value of such improvements shall be excluded.
California Code of Civil Procedure 873.220
What this statute means is the co-owner that made the improvements will generally be awarded a portion of the property that includes said improvements when the division is made by the referee under CCP 873.210.
Statute Generally Applies in Partition In-Kind
A cursory reading of this statute might imply that compensation for improvements in partition actions can be applied to different manners of partition, such as partitions in kind and partitions by sale.
However, a review of where this statute falls in the Code of Civil Procedure reveals that it is listed under Chapter 5 entitled “Division of the Property,” which is synonymous with partition in-kind. This is shown below to reflect the other statutes related to in-kind distribution in a partition.
- Chapter 5. Division of the Property
- CCP § 873.210. Division by Referee
- CCP § 873.220. Allotment of Improvements
- CCP § 873.230. Allotment of Property Previously Conveyed to Purchaser
- CCP § 873.240. Division by Lots or Parcels
- CCP § 873.250. Owelty
- CCP § 873.260. Lien on Undivided Interest; Charge on Allotted Share
- CCP § 873.270. Combined Interests of Unknown Parties; Property Remains Undivided
- CCP § 873.280. Proceedings of Referee; Report; Notice; Contents
- CCP § 873.290. Confirmation, Modification or Setting Aside Report; Hearing; Entry of Judgment
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 eleven, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 500 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.
