Code of Civil Procedure 872.610 CCP – Plaintiff and defendant (Partition Actions)

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California Code of Civil Procedure 872.610 is the California partition statute that specifies that the interests of all parties may be tried in the partition action. The statute provides that:

The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.

Code of Civil Procedure 872.610

This means that “[a]ll conflicting claims existing between the parties and arising out of their relationship as cotenants can be adjudicated in the partition action.”[1]Miller & Starr, Right of partition—Decree of partition, 4 Cal. Real Est. (4th ed.) § 11:18. Thus, the court is entitled to conduct an accounting, reimbursement of costs, expenses, and improvements by one cotenant.[2]Wallace v. Daley (1990) 220 Cal. App. 3d 1028, 1035–1038; see Code of Civil Procedure § 872.140 The court can also award attorney’s fees and costs, as well as referee fees.[3]Code of Civil Procedure 874.010(a); Code of Civil Procedure 874.040

References

References
1 Miller & Starr, Right of partition—Decree of partition, 4 Cal. Real Est. (4th ed.) § 11:18.
2 Wallace v. Daley (1990) 220 Cal. App. 3d 1028, 1035–1038; see Code of Civil Procedure § 872.140
3 Code of Civil Procedure 874.010(a); Code of Civil Procedure 874.040
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