Code of Civil Procedure 872.210 CCP – Persons authorized (Commencement of Partition)

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California Code of Civil Procedure 872.210 is the California partition statute that specifies who is authorized to commence a partition action. The statute provides that:

(a) A partition action may be commenced and maintained by any of the following persons:

(1) A coowner of personal property.

(2) An owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates.

(b) Notwithstanding subdivision (a), an action between spouses or putative spouses for partition of their community or quasi-community property or their quasi-marital interest in property may not be commenced or maintained under this title.

California Code of Civil Procedure 872.210

The impact of this section is that: “The right of a cotenant to have the property in which he owns an interest partitioned is ordinarily absolute. However, that right may be waived or altered by agreement.”[1]Harrison v. Domergue (1969) 274 Cal.App. 2d 19, 21 “A tenant in common has an absolute right to partition.” [2]Formosa Corp. v. Rogers (1951) 108 Cal.App. 2d 397, 409 The only limitation is that community property must be addressed in family court, not by way of a partition action.

Contact an Experienced Partition Attorney in California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15 minute consultation with an experienced partition attorney at Talkov Law, call (844) 482-5568 or fill out a contact form online.

References

References
1 Harrison v. Domergue (1969) 274 Cal.App. 2d 19, 21
2 Formosa Corp. v. Rogers (1951) 108 Cal.App. 2d 397, 409
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