Code of Civil Procedure section 872.720 requires the court in a partition action to enter an interlocutory judgment once it finds the plaintiff is entitled to partition. That judgment sets the ownership interests and the manner of partition.
![Partition by Sale vs. Partition In-Kind [California Real Estate] — Talkov Law illustration](https://talkovlaw.com/wp-content/uploads/partition-by-sale-vs-in-kind-california-talkov-law.webp)
Co-owners often disagree about whether to sell the property or divide it. Here is how California courts decide between partition by sale and partition in kind.
A partition action complaint describes the co-owned property, names every owner and lienholder, and asks the court to sell or divide it; here is a free California form with the CCP 872.230 checklist.
When co-owners can’t agree, a California court can force a sale. Before the proceeds are split, the court credits co-owners for mortgage payments, taxes, improvements, and rental value.
Representing co-owners statewide. Find your nearest Talkov Law office.
Practical guides from attorneys who focus exclusively on California partition actions.
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.
