SECTIONS 872.710-872.730 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 872.710-872.730

872.710. (a) At the trial, the court shall determine whether the
plaintiff has the right to partition.
(b) Except as provided in Section 872.730, partition as to
concurrent interests in the property shall be as of right unless
barred by a valid waiver.
(c) Partition as to successive estates in the property shall be
allowed if it is in the best interest of all the parties. The court
shall consider whether the possessory interest has become unduly
burdensome by reason of taxes or other charges, expense of ordinary
or extraordinary repairs, character of the property and change in the
character of the property since creation of the estates,
circumstances under which the estates were created and change in the
circumstances since creation of the estates, and all other factors
that would be considered by a court of equity having in mind the
intent of the creator of the successive estates and the interests and
needs of the successive owners.

872.720. (a) If the court finds that the plaintiff is entitled to
partition, it shall make an interlocutory judgment that determines
the interests of the parties in the property and orders the partition
of the property and, unless it is to be later determined, the manner
of partition.
(b) If the court determines that it is impracticable or highly
inconvenient to make a single interlocutory judgment that determines,
in the first instance, the interests of all the parties in the
property, the court may first ascertain the interests of the original
concurrent or successive owners and thereupon make an interlocutory
judgment as if such persons were the sole parties in interest and the
only parties to the action. Thereafter, the court may proceed in
like manner as between the original concurrent or successive owners
and the parties claiming under them or may allow the interests to
remain without further partition if the parties so desire.

872.730. To the extent that the court determines that the
provisions of this title are a suitable remedy, such provisions may
be applied in a proceeding for partnership accounting and
dissolution, or in an action for partition of partnership property,
where the rights of unsecured creditors of the partnership will not
be prejudiced.