Rights Determinable in a Partition Action

Courts allow for issues relating to co-ownership to be heard in the partition action

California Code of Civil Procedure 872.610 states that “The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.”

“This is true at least so far as the issues relate to matters over which the court in which the proceeding is pending has jurisdiction.”[1]48 Cal. Jur. 3d Partition § 14 Additionally, the court may resolve disputes related to title of the property to be partitioned. “To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the title to the property.”[2]California Code of Civil Procedure 872.620 The court may also decide offsets and conduct an accounting of unpaid mortgage payments, taxes, repairs, and improvements.[3]California Code of Civil Procedure 873.850 Limits, however, appear in certain authorities: “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.”[4]Demetris v. Demetris (1954) 125 Cal. App. 2d 440; see 48 Cal. Jur. 3d Partition § 14

The scope of a partition action is much broader than it may seem on the surface. Not only will it include the sale and distribution of proceeds of sale of the property, but also may include resolution of title disputes and claims related to the property as well as an accounting of offsets.

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.


1 48 Cal. Jur. 3d Partition § 14
2 California Code of Civil Procedure 872.620
3 California Code of Civil Procedure 873.850
4 Demetris v. Demetris (1954) 125 Cal. App. 2d 440; see 48 Cal. Jur. 3d Partition § 14
Avatar photo
About Talkov Law Partition Attorneys

The partition attorneys at Talkov Law end co-ownership disputes by representing co-owners in real estate partition actions throughout the State of California.

Talkov Law is Rated 5 out of 5 stars based on 38 customer reviews.

Contact Us Today for a Free Consultation & Pay No Retainer

Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

      Awards and Recognition

      US News and World Report Scott Talkov

      We Have Been Featured On:

      The Real Deal

      The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.