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
| ↑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 |
