California Code of Civil Procedure 874.140 is the California partition statute that addresses how a judgment can be collected from a party in a partition action. The statute provides that:
A judgment for unpaid costs of partition may be enforced by the person entitled to the costs in the manner provided for enforcement of money judgments generally against the share of the party specified in the judgment or against other property of the party.
California Code of Civil Procedure § 874.140
Law Revision Commission Comments to California Code of Civil Procedure § 874.140
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 874.140 as follows:
Section 874.140 continues the substance of a portion of former Section 796. See also Section 798. The remedies provided in this section and in Section 874.130 are cumulative.
In 1982, the California Law Revision Commission explained California Code of Civil Procedure § 873.040 as follows:
Section 874.140 is amended to conform to Title 9 (commencing with Section 680.010) of Part 2 (Enforcement of Judgments Law) (15 Cal.L.Rev.Comm. Reports 2001; 82 A.J. 9356
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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 eight, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 430 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!
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