California Code of Civil Procedure 872.720 is the California partition statute that allows the court to enter an interlocutory judgment of partition, thereby finding that a partition will be entered in the case. The statute provides that:
(a) If the court finds that the plaintiff is entitled to partition, it shall make an interlocutory judgment that determines the interests of the parties in the property and orders the partition of the property and, unless it is to be later determined, the manner of partition.
(b) If the court determines that it is impracticable or highly inconvenient to make a single interlocutory judgment that determines, in the first instance, the interests of all the parties in the property, the court may first ascertain the interests of the original concurrent or successive owners and thereupon make an interlocutory judgment as if such persons were the sole parties in interest and the only parties to the action. Thereafter, the court may proceed in like manner as between the original concurrent or successive owners and the parties claiming under them or may allow the interests to remain without further partition if the parties so desire.
California Code of Civil Procedure 872.720
3 Requirements for Interlocutory Judgment of Partition in California
Said more clearly, there are only three requirements to obtain a partition in California, which is usually partition by sale:
1) Plaintiff is indeed entitled to partition, which generally means that the plaintiff has not waived the right to partition. This is known as the right to partition in California.California Code of Civil Procedure 872.710
2) A determination of ownership interests of the parties, which is usually undisputed as found on the face of deed in which they became co-owners, i.e., tenants in common or joint tenants.
3) Determine the manner of partition, which is almost always partition by sale when the property is a single family residence since it cannot be split in parts to be awarded to each co-owner in a partition in-kind. While many parties believe they can hold up the proceedings by claiming that they want partition by appraisal, the law provides that “the parties may agree upon a partition by appraisal”California Code of Civil Procedure 873.910, meaning the refusal by the plaintiff to agree to partition by appraisal prohibits this form of partition.
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) 4-TALKOV (825568) or fill out a contact form online.
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