California Code of Civil Procedure 874.321.5 is the California partition statute that describes how the court will distribute the costs of partition among parties that oppose the partition under the California Partition of Real Property Act. The statute states the following:
In an action for partition of property, the court may apportion the costs of partition, including an appraisal fee, pursuant to Section 874.040, except that the court shall not apportion the costs of partition to any party that opposes the partition unless doing so is equitable and consistent with the purposes of this chapter.
California Code of Civil Procedure 874.321.5
Partition of Real Property Act
- California Partition of Real Property Act Statutes
- CCP § 874.311. Short Title; Application of Act
- CCP § 874.312. Definitions
- CCP § 874.313. Applicability; Relation to Other Laws
- CCP § 874.314. Method of Service; Notice by Publication
- CCP § 874.315. Referees
- CCP § 874.316. Determination of Fair Market Value; Notice
- CCP § 874.317. Cotenant Buyout of Interests
- CCP § 874.318. Partition Alternatives
- CCP § 874.319. Considerations for Partition in Kind
- CCP § 874.320. Court Ordered Open-Market Sale; Sealed Bids; Auction
- CCP § 874.321. Filing Report for Open-Market Sales
- CCP § 874.321.5. Apportionment of the Costs of Partition
- CCP § 874.322. Repealed by Stats.2022, c. 82 (A.B.2245), § 12
- CCP § 874.323. Supersedes the Electronic Signatures in Global and National Commerce Act
Shifting the Costs of a Partition Action
Common costs associated with a partition action include a property appraisal fee, partition attorney’s fees, partition referee fees, and real estate broker fees as specified by CCP § 874.010. Ordinarily, these costs may be distributed among all co-owners, whether they are in favor of or against the partition action as set forth in CCP § 874.040 relating to apportionment of costs.
Not only do co-owners of inherited property have more opportunities to remain in possession of their property under the Partition of Real Property Act, but this statute also allows them to deflect various costs of partition onto the partitioning party(ies). This may serve as a deterrent to co-owners who are unsure of whether they want to sell and may prevent sales that could otherwise be solved amicably.
Interestingly, the statute suggests that courts “shall not apportion the costs of partition to any party that opposes the partition unless doing so is equitable and consistent with the purposes of this chapter.” Seemingly, this means that ordinary co-owners with legitimate concerns will not be tagged with the costs of the partition, but uncooperative co-owners who intentionally frustrate the partition may indeed be assessed with the entire cost of the partition, including attorney’s fees.
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 370 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.
