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.
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