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.
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