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.
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.
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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!