Partition of Property in California

Part 2, Title 10.5, Chapter 1 provides general provisions related to the partition of real and personal property in this state in civil actions. Article 1 contains preliminary provisions.

Section 872.010 defines the following terms: “action,” “lien,” “property,” “remainder,” and “title report.”

Section 872.020 provides that this title governs actions for partition of real property and, except to the extent not applicable, actions for partition of personal property.

Section 872.030 specifies that the statutes and rules governing practice in civil actions generally apply to actions under this title except where they are inconsistent with the provisions of this title.

Section 872.040 explains that nothing in this title excuses compliance with any applicable laws, regulations, or ordinances governing the division, sale, or transfer of property.

Article 2 deals with the powers of court. Section 872.110 specifies that the superior court has jurisdiction of actions under this title. And, subject to the power of the court to transfer actions, the proper county for the trial of actions under this title is in one of two specified counties.

Section 872.120 allows the court to hear and determine all motions, reports, and accounts and may make any decrees and orders necessary or incidental to carrying out the purposes of this title and to effectuating its decrees and orders.

Section 872.130 authorizes the court to issue temporary restraining orders and injunctions, with or without bond, for one of three specified purposes.

Section 872.140 allows the court in all to order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity.