California Code of Civil Procedure 874.050 is the California partition statute that addresses costs of a partition action apportioned to future interests. The statute provides that:
(a) The court may order that the share of the costs apportioned to a future interest be paid by other parties to the action or by the persons who are then the presumptive owners of the future interest.
(b) Where the court orders payment pursuant to this section, such payment is subject to a right of reimbursement, with interest at the legal rate, secured by a charge upon the future interest.
California Code of Civil Procedure 874.050
Law Revision Commission Comments to California Code of Civil Procedure § 874.050
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 874.050 as follows:
Section 874.050 is new. Where a share of the costs is apportioned to a future interest, the amount is discounted based on the present value of the future interest.
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