WEBSITE VISITOR IP NOTIFICATIONS

Code of Civil Procedure 874.110 (CCP) – Time; Inclusion in Judgment (Costs of Partition)

California Code of Civil Procedure 874.110 is the California partition statute that explains that costs of a partition action may be ordered to be paid before a final disbursement to the parties is made. The statute provides that:

(a) The costs of partition as apportioned by the court may be ordered paid in whole or in part prior to judgment.

(b) Any costs that remain unpaid shall be included and specified in the judgment.

California Code of Civil Procedure 874.110

Legislative Committee Comments to California Code of Civil Procedure § 874.110

In 1976, the California Legislative Committee explained California Code of Civil Procedure § 874.110 as follows:

Section 874.110 supersedes portions of former Section 796. While subdivision (a) requires payment by the parties, it should be noted that, in the case of sale of the property, the proceeds are to be applied first to discharge the costs of partition before disbursement to the parties. Section 873.820.

Subdivision (b) requires the judgment to list only amounts remaining unpaid rather than all amounts apportioned to the parties under the former provision. See also former Section 798.

The judgment referred to in this section and is Sections 874.130 and 874.140 is the judgment entered at the conclusion of the case in the trial court.

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.

Avatar photo
About Talkov Law Partition Attorneys

The partition attorneys at Talkov Law end co-ownership disputes by representing co-owners in real estate partition actions throughout the State of California.

Talkov Law is Rated 5 out of 5 stars based on 56 customer reviews.

Contact Us Today for a Free Consultation & Pay No Retainer

Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

    Awards and Recognition

    US News and World Report Scott Talkov

    We Have Been Featured On:

    The Real Deal

    Recent Blog Posts

    The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.