Rights Determinable in a Partition Action

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Courts allow for issues relating to co-ownership to be heard in the partition action

California Code of Civil Procedure 872.610 states that “The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.”

“This is true at least so far as the issues relate to matters over which the court in which the proceeding is pending has jurisdiction.”[1]48 Cal. Jur. 3d Partition § 14 Additionally, the court may resolve disputes related to title of the property to be partitioned. “To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the title to the property.”[2]California Code of Civil Procedure 872.620 The court may also decide offsets and conduct an accounting of unpaid mortgage payments, taxes, repairs, and improvements.[3]California Code of Civil Procedure 873.850 Limits, however, appear in certain authorities: “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.”[4]Demetris v. Demetris (1954) 125 Cal. App. 2d 440; see 48 Cal. Jur. 3d Partition § 14

The scope of a partition action is much broader than it may seem on the surface. Not only will it include the sale and distribution of proceeds of sale of the property, but also may include resolution of title disputes and claims related to the property as well as an accounting of offsets.

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.

References

References
1 48 Cal. Jur. 3d Partition § 14
2 California Code of Civil Procedure 872.620
3 California Code of Civil Procedure 873.850
4 Demetris v. Demetris (1954) 125 Cal. App. 2d 440; see 48 Cal. Jur. 3d Partition § 14
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