California Code of Civil Procedure 873.840 is the California partition statute that describes the treatment of successive estates in partition actions. The statute provides that:
(a) The court shall ascertain the proportion of the proceeds of sale that will be a just and reasonable sum for the satisfaction of the estate of a tenant for life or years and shall order such amount distributed to him or held for his benefit.
(b) The court shall ascertain the proportional value of any vested or contingent future right or estate in the property and shall direct such proportion of the proceeds of sale to be distributed, secured, or held in such a manner as to protect the rights and interests of the parties.
(c) Notwithstanding any other provision of this section, in the case of an estate for life or defeasible estate with remainder over, the court may direct that the entire proceeds of sale be placed in trust as provided in this section upon a showing that the establishment of such a trust is economically feasible and will serve the best interests of the parties. The court shall appoint a trustee, upon security satisfactory to the court, who under court supervision shall invest and reinvest the proceeds, pay the income of the investments, if any, to the life tenant or owner of the defeasible interest, and upon termination of the life or defeasible estate, deliver or pay the corpus of the trust estate to the remainderman. The court shall retain jurisdiction over the settlement of the accounts of the trustee and in all matters necessary for the proper administration of the trust and the final distribution of the trust fund.
California Code of Civil Procedure 873.840
“When partition of successive estates is appropriate but hardship might result from a sale and division of the proceeds, the court may establish a trust of the proceeds for the benefit of the successive interest holders.” Code Civ. Proc., § 873.840, subd. (c). [1]See In re Giacomelos’ Estate, 192 Cal. App. 2d 244, 246–251, 13 Cal. Rptr. 245 (1st Dist. 1961).” Termination; merger; partition, 4 Cal. Real Est. (4th ed.) § 12:24. Under the heading “Termination by partition,” Miller & Starr, the leading secondary source on real estate law in California, provides that: “The estate of the life tenant ordinarily can be a proper subject of partition.”[2]§ 12:24. Termination; merger; partition, 4 Cal. Real Est. § 12:24 (4th ed.) (citing Riley v. Turpin (1956) 47 Cal. 2d 152, 158; Forrest v. Elam (1979) 88 Cal. App. 3d 164, 172).
This seemingly allows a court to address a life estate or lifetime right of occupancy, terminating those interests and issuing payment where there is co-ownership.
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 knowledgeable 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), email us at info(at)talkovlaw.com, or fill out a contact form online. Contact Talkov Law today to find out how you can pay nothing today and have your legal fees paid from the proceeds of sale of your property!
References
| ↑1 | See In re Giacomelos’ Estate, 192 Cal. App. 2d 244, 246–251, 13 Cal. Rptr. 245 (1st Dist. 1961).” Termination; merger; partition, 4 Cal. Real Est. (4th ed.) § 12:24. |
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| ↑2 | § 12:24. Termination; merger; partition, 4 Cal. Real Est. § 12:24 (4th ed.) (citing Riley v. Turpin (1956) 47 Cal. 2d 152, 158; Forrest v. Elam (1979) 88 Cal. App. 3d 164, 172). |
