Code of Civil Procedure section 874.030 provides that a party who makes disbursements under the court’s direction in a partition action is entitled to interest at the legal rate.
Code of Civil Procedure section 873.160 provides that a partition referee is not personally liable on contracts made or expenses incurred unless the referee agrees in writing.
Code of Civil Procedure section 873.110 lets the court authorize or approve the partition referee’s hiring of attorneys, surveyors, and other third persons.
Some co-owners agree to a sale or buyout once they understand the alternative. This free template letter warns your co-owner that a partition action is coming.
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 874.321.5 explains how the court apportions the costs of partition among the parties under the Partition of Real Property Act.
The Partition of Real Property Act took effect January 1, 2023, replacing the Uniform Partition of Heirs Property Act. It gives co-owners the chance to buy out a co-owner who asks for a sale.
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.
How a co-owner who wants out wins a partition action in California: force the sale or a buyout, answer the defenses your co-owner will raise, maximize your offsets, and build your record from day one.
Code of Civil Procedure section 872.610 provides that the interests of all parties, plaintiff and defendant alike, may be tried and decided in the partition action.
Code of Civil Procedure section 872.140 lets the court in every partition action order an accounting, contribution, and other compensatory adjustments between co-owners according to equity.
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.
Code of Civil Procedure section 874.040 lets the court apportion the costs of partition among the co-owners and pay them from the sale proceeds.
Code of Civil Procedure section 874.020 lets the court award expenses, including attorney’s fees, incurred in other actions for the common benefit of the co-owners.
Many defendants answer with boilerplate affirmative defenses and no supporting facts. In California, those defenses can be challenged by a motion to strike or demurrer.
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.
As partition attorneys in California, we are often asked about the cost of a partition action. Since attorneys are the largest cost, the real question is how much are the attorney’s fees for a partition lawsuit in California?
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Practical guides from attorneys who focus exclusively on California partition actions.
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