Costs of Partition in California

Code of Civil Procedure Part 2, Title 10.5, Chapter 8 deals with the costs of partitioning real and personal property in California in civil actions. Article 2 deals with the payment of costs of partition.

Section 874.110 provides that the costs of partition as apportioned by the court may be ordered paid in whole or in part prior to judgment. Any costs that remain unpaid are to be included and specified in the judgment.

Section 874.120 states that the costs are a lien on the share of the party specified. And, a lien imposed by this section has priority over any other lien on the share except those imposed under this section.

Section 874.130 provides that, upon application of a person entitled to a lien imposed under this article and upon a showing of good cause, the court may order a sale of all or a portion of the property before or after judgment for the benefit of all such lien claimants without priority among them.

Section 874.140 specifies that a judgment for unpaid costs of partition may be enforced by the person entitled to the costs in the manner provided for enforcement of money judgments generally against the share of the party specified in the judgment or against other property of the party.

Chapter 9 deals with the judgment. Section 874.210 provides that the judgment in the action is binding and conclusive on all three specified circumstances.

Section 874.225 specifies that the judgment does not affect a claim in the property or part thereof of any person who was not a party to the action if any of the two condition is satisfied.

Section 874.240 states that a conveyance or transfer is binding and conclusive, in the same manner as a judgment.