Division of Property in California

Code of Civil Procedure Part 2, Title 10.5, Chapter 5 deals with the division of property in the partition of real and personal property in California.

Section 873.210 requires the referee appointed by the court to make a division of the property to 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.

Section 873.220 requires the property to be so divided as to allot to a party any portion that embraces improvements made by that party or that party’s predecessor in interest. In such division and allotment, the value of the improvements is excluded.

Section 873.230 provides that, where prior to the commencement of the action a party has executed a deed purporting to convey to a purchaser a portion of the property to be divided, to the extent it can be done without material injury to the rights of the other parties, the property must be divided as to allot that portion to the purchaser, the purchaser’s heirs or assigns.

Section 873.240 specifies that, where real property consists of more than one distinct lot or parcel, the property is divided by lots or parcels without other internal division to the extent that it can be done without material injury to the rights of the parties.

Section 873.250 says that, where division cannot be made equally among the parties according to their interests without prejudice to the rights of some, compensation may be required to be made by one party to another to correct the inequality.

Section 873.260 prohibits compensation to be required to be made to others by unknown owners or by minors unless it appears that a minor has personal property sufficient for that purpose and the minor’s interest will be promoted thereby.

Section 873.260 specifies that, where a lien is on an undivided interest of a party, the lien must, upon division of the property, become a charge only on the share allotted to that party.

Section 873.270 states that, where the court has determined the combined interests of two or more unknown parties, the entire portion of the property allocated to the parties will remain undivided.

Section 873.280 requires the referee to file with the court a report of the referee’s proceedings and give written notice of filing to each party who has appeared in the action. The report must include three specified items of information.

Section 873.290 states that any party, upon notice to the other parties who have appeared, may move the court to confirm, modify, or set aside the report. At the hearing, the court may either confirm the report as filed or as the court may modify and enter judgment of partition accordingly or set aside the report and order preparation of a new report and, if necessary, appoint a new referee for this purpose.