Code of Civil Procedure section 872.040 provides that the partition law does not excuse compliance with other laws governing the division, sale, or transfer of property. A partition is not a way around land-use rules.
Code of Civil Procedure section 872.010 is the definitions section of the partition law. It defines action, lien, property, remainder, and title report for every partition action.
Code of Civil Procedure section 873.260 explains how a lien on one co-owner’s undivided interest attaches to that co-owner’s share after the property is divided.
Who is bound by a California partition judgment? Learn how section 874.210 affects judgment creditors whose abstracts are recorded after the lis pendens.
Unlike most lawsuits, a California partition action has two phases. The interlocutory judgment ends the first phase by deciding the right to partition, before the sale and accounting.
Code of Civil Procedure section 872.510 requires a partition plaintiff to name as defendants everyone who has or claims an interest in the property that is of record or known to the plaintiff.
Code of Civil Procedure section 872.630 lets the court decide the status and priority of liens to the extent needed to grant relief in a partition action.
Code of Civil Procedure section 874.321.5 explains how the court apportions the costs of partition among the parties under the Partition of Real Property Act.
Code of Civil Procedure section 873.770 explains how the referee distributes sale proceeds when the buyer is also a party entitled to part of them, as with a credit bid.
Code of Civil Procedure section 873.710 sets what a partition referee’s report of sale must contain.
Code of Civil Procedure section 873.840 explains how the court divides sale proceeds among successive estates, such as life estates and remainders.
A partition by sale is a court-ordered sale of jointly owned property, with the proceeds divided among the co-owners. It is the most common outcome of a California partition.
Code of Civil Procedure section 873.820 sets the order in which the proceeds of a partition sale are applied.
A lien against one co-owner does not have to stop the sale of a co-owned house. Here are five ways to sell a California house when one owner has a lien or judgment.
Code of Civil Procedure section 873.740 sets the court’s options at a sale confirmation hearing when an overbidder makes an increased offer above the current sale price.
Code of Civil Procedure section 872.420 tells a lienholder named in a partition action what its answer must say: the date of the lien, what kind of lien it is, and how much is still owed.
Code of Civil Procedure section 872.430 lets a partition defendant claim contribution or other offsets in the answer itself, without filing a cross-complaint.
Code of Civil Procedure section 873.810 directs the court to order how the proceeds of a partition sale are disbursed to the parties.
Code of Civil Procedure section 873.850 lets the partition action continue between the parties to decide how proceeds are allocated when that hasn’t yet been determined.
Code of Civil Procedure section 874.010 lists the costs of partition the court may allow and apportion among the parties, such as attorney’s fees and referee fees.
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.
Representing co-owners statewide. Find your nearest Talkov Law office.
Practical guides from attorneys who focus exclusively on California partition actions.
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