Code of Civil Procedure 874.040 CCP – Apportionment of Costs (Partition Actions)


California Code of Civil Procedure 874.040 is the California partition statute that allows the court to apportion costs between the co-owners from the proceeds of sale of the property. The statute provides that:

Except as otherwise provided in this article, 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.

California Code of Civil Procedure 874.040

A related concept is that the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” [1]California Code of Civil Procedure 874.010(a)

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