Code of Civil Procedure 874.120 – Lien; Priority (Costs of Partition)

California Code of Civil Procedure 874.120 is the California partition statute that addresses the cost of a partition action as a lien against a co-owner’s interest in the property. The statute provides that:

(a) The costs shall be a lien on the share of the party specified.

(b) A lien imposed by this section has priority over any other lien on the share except those imposed under this section.

California Code of Civil Procedure 874.120

According to Miller & Starr: “Generally, the court apportions the costs of partition among the co-owners in proportion to their interest in the property, or as it otherwise deems equitable, and the costs become a lien on each parties’ share.” Right of partition—Decree of partition, 4 Cal. Real Est. § 11:18 (4th ed.); see California Code of Civil Procedure 874.040.

Law Revision Commission Comments to California Code of Civil Procedure § 874.120

In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 874.120 as follows:

Subdivision (a) of Section 874.120 continues a portion of former Sections 796 and 798. Subdivision (b) is derived from former Section 769.

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 seven, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 300 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.

Attorney Colleen Sparks
About Colleen Talkov

Colleen Talkov is a Partition Attorney at Talkov Law in California. She can be reached at (844) 4-TALKOV (825568) or colleen@talkovlaw.com.

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