Code of Civil Procedure 872.710 CCP – Right of Plaintiff to Partition; Concurrent Interests; Successive Estates (Partition Actions)

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California Code of Civil Procedure 872.710 is the California partition statute that governs the right to partition in California. The statute provides that:

(a) At the trial, the court shall determine whether the plaintiff has the right to partition.

(b) Except as provided in Section 872.730, partition as to concurrent interests in the property shall be as of right unless barred by a valid waiver.

(c) Partition as to successive estates in the property shall be allowed if it is in the best interest of all the parties. The court shall consider whether the possessory interest has become unduly burdensome by reason of taxes or other charges, expense of ordinary or extraordinary repairs, character of the property and change in the character of the property since creation of the estates, circumstances under which the estates were created and change in the circumstances since creation of the estates, and all other factors that would be considered by a court of equity having in mind the intent of the creator of the successive estates and the interests and needs of the successive owners.[1]California Code of Civil Procedure 872.710

The practical effect of this statute is that: “A co-owner of property has an absolute right to partition unless barred by a valid waiver.”[2]Orien v. Lutz (2017) 16 Cal.App. 5th 957, 962

Contact an Experienced Partition Lawyer Today

The attorneys at Talkov Law are profoundly familiar with the intricate aspects of partition law in California, including how to achieve partition judgment. If you have questions about the right to partition or California partition law in general, Talkov Law can help. Contact our knowledgeable attorneys online or by calling (844) 4-TALKOV (825568).

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References

References
1 California Code of Civil Procedure 872.710
2 Orien v. Lutz (2017) 16 Cal.App. 5th 957, 962
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