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Code of Civil Procedure § 873.270 (CCP) – Combined Interests of Unknown Parties; Property Remains Undivided (Partition In Kind)

California Code of Civil Procedure 873.270 is the California partition statute that addresses the interests of unknown parties in a partition in kind form of a partition action in California. The statute provides that:

Where the court has determined the combined interests of two or more unknown parties, the entire portion of the property allocated to such parties shall remain undivided.

California Code of Civil Procedure § 873.270

In other words, no division in kind is made among more than one unknown parties’ interests in the interlocutory judgment. However, if during the action an unknown party becomes known, their interest may be determined and their portion of the undivided property may be allocated to them. See Division of Property, 12 Witkin, Summary 11th Real Prop § 77.

Law Revision Commission Comments to California Code of Civil Procedure § 873.270

In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.270 as follows:

Section 873.270 continues the portion of former Section 763 that required the court to designate an undivided portion for owners whose interests remain “unknown, or are not ascertained.” See Section 872.640 (court authority to consider rights of unknown owners together). If during the action an unknown party becomes known, his interest may be determined and his portion of the undivided property may be allocated to him.

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!

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.

Attorney Colleen Sparks
About Colleen Talkov

Colleen Talkov is a Partition Attorney at Talkov Law in California. She can be reached at (844) 4-TALKOV (825568) or colleen@talkovlaw.com.

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