Code of Civil Procedure 874.010 CCP – Inclusions, Allowance and Apportionment of Costs of Partition (Partition Actions)

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California Code of Civil Procedure 874.010 is the California partition statute that allows the court to order certain costs of the partition to be allowed and apportioned between the parties. The statute provides that:

The costs of partition include:
(a) Reasonable attorney’s fees incurred or paid by a party for the common benefit.
(b) The fee and expenses of the referee.
(c) The compensation provided by contract for services of a surveyor or other person employed by the referee in the action.
(d) The reasonable costs of a title report procured pursuant to Section 872.220 with interest thereon at the legal rate from the time of payment or, if paid before commencement of the action, from the time of commencement of the action.
(e) Other disbursements or expenses determined by the court to have been incurred or paid for the common benefit.

California Code of Civil Procedure 874.010.

Generally, each co-owner will pay their own attorney’s fees for a partition action. However, California partition law does allow the court to award “reasonable attorney’s fees incurred or paid by a party for the common benefit.”[1]California Code of Civil Procedure 874.010(a) Generally, “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” [2]California Code of Civil Procedure 874.040 This means that, if one co-owner is extremely uncooperative, and a court judgment of partition is ultimately required, the court may indeed award part or all of an cooperative co-owner’s attorney’s fees from the equity of the uncooperative co-owner.

References

References
1 California Code of Civil Procedure 874.010(a)
2 California Code of Civil Procedure 874.040
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