Code of Civil Procedure 872.620 CCP – State of the Title; Ascertainment (Partition Actions)

California Code of Civil Procedure 872.620 is the California partition statute that allows the court to decide the state of title as part of the partition action. The statute provides that:

To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the title to the property.

California Code of Civil Procedure 872.620

Stated simply, the relative titles and interests of the parties to an action for partition may be litigated and determined in the partition action.^[1]Morenhout v. Higuera (1867) 32 Cal. 289 Effectively, a partition lawsuit can incorporate the same conclusions found in a quiet title action.

Specifically, in a partition action, “[t]he interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.”^[2]California Code of Civil Procedure 872.610 “The section makes clear that the court may resolve any title disputes in the course of the proceeding where placed in issue by answer of a defendant or cross-defendant.”^[3]California Code of Civil Procedure 872.610, Law Revision Comment

Equitable Title in Partition Actions

“Partition is an equitable action, and in the disposition thereof the trial court will determine the interests of all parties involved so as to effect a complete adjudication of the controversy and avoid a multiplicity of suits.”^[4]Elbert, Ltd. v. Clare (1953) 40 Cal.2d 498, 501 “In such [a partition] action the parties may assert any title they have, legal or equitable, and the court will decree what is equitable and proper.”^[5]Demetris v. Demetris (1954) 125 Cal. App. 2d 440, 445

The partition statutes make clear that: “The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.”^[6] Code Civ. Proc. § 872.610; see Determination of Interests, 12 Witkin, Summary 11th Real Prop (2022) § 70.

“An equitable interest is sufficient to support a partition action.” ^[7]Powers v. Powers (1963) 221 Cal.App. 2d 746, 750; see Capuccio v. Caire (1922) 189 Cal. 514, 525–26 (“the legal or equitable owners of their respective interests in said real property,…were, … Continue reading Indeed, to avoid “litigation by piecemeal,” there is “no reason why the owner of the equitable title may not sue to establish his right, and when so established, if he is a tenant in common, ask for and have a partition of the common estate….” ^[8]Watson v. Sutro (1890) 86 Cal. 500, 528–29.

Evidence Code section 662 provides that: “The owner of the legal title to property is presumed to be the owner of the full beneficial title. This presumption may be rebutted only by clear and convincing proof.” In turn, “Evidence Code section 662 has application, by its express terms, when there is no dispute as to where legal title resides but there is question as to where all or part of the beneficial title should rest.”^[9]Murray v. Murray (1994) 26 Cal.App.4th 1062, 1067; see Coyne v. De Leo (2018) 26 Cal.App.5th 801, 819

Even further, the clear and convincing evidence standard is extremely onerous for any party trying to overcome the title presumption in Evidence Code section 662. “‘The burden of proof by clear and convincing evidence ‘requires a finding of high probability. The evidence must be so clear as to leave no substantial doubt. It must be sufficiently strong to command the unhesitating assent of every reasonable mind.”^[10]Reed v. Gallagher (2016) 248 Cal.App.4th 841, 861–62 Continued, “California’s form of title presumption ‘is based on promoting the public policy in favor of the stability of titles to property,’ and ‘allegations that legal title does not represent beneficial ownership have been historically disfavored because society and the courts have a reluctance to tamper with duly executed instruments and documents of legal title.’” ^[11]In re Fadel, 492 B.R. 1, 11 (B.A.P. 9th Cir. 2013) (applying California law)

Talkov Law's Partition Attorneys Can Help

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With seven, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 300 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!

If you're looking to end your co-ownership dispute, contact California's premier partition action law firm by calling Talkov Law at (844) 4-TALKOV (825568) or sending us a message today.