California Code of Civil Procedure 873.220 is the California partition statute that determines how a property will be divided 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
This statute implies that compensation for improvements in partition actions can be applied to different manners of partition, such as partitions in kind and partitions by sale. The co-owner that made the improvements will be awarded a portion of the property that includes said improvements when the division is made by the referee under CCP 873.210.
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.