California Code of Civil Procedure 873.260 is the California partition statute that addresses the impact of a lien against a co-owner’s interest in a property upon division or sale in a partition action in California. The statute provides that:
Where a lien is on an undivided interest of a party, the lien shall, upon division of the property, become a charge only on the share allotted to that party.California Code of Civil Procedure § 873.260
In other words, this statute suggests that a lien solely against one co-owner’s interest will be charged solely to that party’s share upon division or sale of the property in a partition action. See Lee v. National Collection Agency, Inc., 543 F.Supp. 920, 921 (N.D. Cal. 1982). This relates to accounting of offsets in a partition action where judgments, support liens, and other monetary liens on a property incurred solely by one party can be allocated only to that party.
Law Revision Commission Comments to California Code of Civil Procedure § 873.260
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.260 as follows:
Section 873.260 continues the substance of the first portion of former Section 769. As under the former section, the lien that is continued will be subordinate to charges on the property for its just proportion of the costs of partition. See Section 874.120.
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!