California Code of Civil Procedure 873.210 is the California partition statute that describes how the partition referee will physically divide and distribute the property in relation to the parties’ interest in the property. The statute states:
The referee appointed by the court to make a division of the property shall divide the property and allot the several portions to the parties, quality and quantity relatively considered, according to their interests in the property as determined in the interlocutory judgment.California Code of Civil Procedure 873.210
This statute lays the groundwork for the partition referee to equitably divide and distribute the property among its co-owners. In a partition in kind, the partition referee that is appointed in accordance with CCP 873.010(a) must factor in all aspects of the property that is to be partitioned in kind. In addition to examining each party’s interest as described in the interlocutory judgment, the referee must also take into account the unique aspects of each part of the property that would change the value of the portion allotted to each co-owner.
For example, one part of the property may have structures, a road, oil or other natural resources, fertile land, a well or spring, easements, and anything else that would increase the value of that portion of the land. By contrast, other parts of the property may be less valuable where it is inaccessible, undevelopable because it is on a hillside or subject to environmental protections, for example, further from a valuable street area such as a major street corner, more difficult to farm, or is closer to unattractive features such as noise or smells. However, in making the in-kind division, CCP § 873.220 provides for an allotment of improvements that prefers to award land with improvements made by that party.
Partition in-kind creates a unique legal landscape where the expertise of the partition attorney may make a dramatic difference in the outcome of the property allotted to the co-owners.
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.